Judgment_paragraph 78 · Caisse de retraite du personnel navigant professionnel de l'aéronautique civile (CRPNPAC) v Vueling Airlines SA v Vueling Airlines SA and Jean-Luc Poignant (C-370/17, C-37/18)

78Accordingly, a court or tribunal of the host Member State can disregard E 101 certificates within such judicial proceedings only where two cumulative conditions are met: (i) the institution that issued those certificates, to which there has been promptly submitted by the competent institution of that Member State a request to review the grounds for the issue of those certificates, has failed to undertake such a review in the light of the evidence transmitted to it by the latter institution and has failed to make a decision, within a reasonable time, on that request, as appropriate, cancelling or withdrawing those certificates, and (ii) that evidence permits that court or tribunal to find, with due regard to the safeguards inherent in the right to a fair trial, that the certificates at issue were fraudulently obtained or relied on (see, to that effect, judgment of 6 February 2018, Altun and Others, C‑359/16, EU:C:2018:63, paragraph 61).