CRPNPAC –France’s compulsory supplementary retirement pension fund for professional air crew in civil aviation is pleased with the Advocate General’s proposals of November 9, 2017, in case C-359/16

A host member state court would be able to “disregard” an E101 certificate obtained through fraud

CRPNPAC, France’s compulsory retirement pension fund for professional air crew in civil aviation, is pleased with the opinion presented today by the Advocate General in case No. C-359/16.

Indeed, the European Union Court of Justice will be ruling in this case on the power of a national Court to “disregard” an E101 form that was obtained or relied on in a fraudulent manner

CRPNPAC is pleased with the Advocate General’s opinion, which opens the door to this possibility by proposing that “a court in the host member State be able to disregard an E101 issued by another member State’s competent authority if that Court finds that the aforementioned certificate was obtained or relied on in a fraudulent manner.”

Michèle Pairault-Meyzer, Chair of CRPNPAC’s Board of Directors, has this to say: “The Advocate General’s opinion confirms our position as a Retirement pension fund which has suffered from many years of fraudulent practices by certain airlines seeking to avoid paying supplementary retirement pension contributions for their air crew members with a home base in France. We are confident that the ECJ’s ruling will make it easier to combat the types of fraud that are currently ongoing in the air transportation industry.”

If the ECJ adopts the Advocate General’s proposals, France’s Retirement Pension Fund for professional air crew in civil aviation would be better able to fulfill its public service role by ensuring solidarity between generations of air crew members through the collection of all contributions due by all air transportation companies employing air crew members with a home base in France.

This opinion, which has come as no surprise to CRPNPAC, constitutes a major step forward in combating posting fraud and will undoubtedly be taken up in full by the ECJ.