Judgment_paragraph 80 · 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)

80Consequently, the court or tribunal of the host Member State seised of an action in the context of legal proceedings brought against an employer for acts that may indicate that E 101 certificates were fraudulently obtained or used can give a definitive ruling on the existence of such a fraud and disregard those certificates only if it finds, after, so far as is necessary, staying the judicial proceedings under national law, that, where the procedure laid down by Article 84a(3) of Regulation No 1408/71 has been initiated promptly, the institution that issued the E 101 certificates has failed to undertake a review of those certificates and has failed to make a decision, within a reasonable time, on the evidence submitted to it by the competent institution of the host Member State, cancelling or withdrawing those certificates, as appropriate.