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2020-02 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2020)

handle is hein.intyb/rcbjcofi0416 and id is 1 raw text is: 





ZCVRLA


Reports   of  Cases


                            OPINION  OF  ADVOCATE GENERAL
                                 SAUGMANDSGAARD OE
                                 delivered on 11 July 20191

                            Joined Cases C-370/17 and C-37/18

   Caisse de retraite du personnel navigant professionnel de l'aeronautique civile (CRPNPAC)
                                            V
                                    Vueling Airlines SA
  (Request for a preliminary ruling from the tribunal de grande instance de Bobigny (Regional Court,
                                     Bobigny, France))
                                           and
                                    Vueling Airlines SA
                                            V
                                    Jean-Luc Poignant

 (Request for a preliminary ruling from the Cour de cassation, Chambre Sociale (Court of Cassation,
                                  Social Chamber, France))


 (Reference for a preliminary ruling - Migrant workers - Social security - Applicable legislation -
 Regulation (EEC) No 1408/71 - Posting of workers - Article 14(1)(a) - Non-applicability to the
        flying personnel of airlines carrying out the international transport of passengers -
 Article 14(2)(a)(i) - Workers employed by a branch or permanent representation which the airline
 owns in the territory of a Member State other than that in which it has its registered office or place of
 business -  E 101 certificate - Binding effect - Certificate obtained or relied on in a fraudulent
     manner -  Civil action for damages against the employer who has perpetrated the fraud -
  Jurisdiction of the court of the host Member State to make a finding of fraud and to disregard the
certificate - Principle that a decision adopted in criminal proceedings constitutes res judicata in civil
proceedings - Prohibition for the civil court to disregard a criminal decision relating to the same facts,
            even if that decision is contrary to EU law - Incompatibility with EU law)

















1  Original language: French.


ECLJ:EU:C:2019:5921


EN


I


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