Judgment_paragraph 95 · 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)

95That interpretation of the principle of the authority of res judicata therefore has the result that, where the decision of a criminal court that has become final is based on a finding of fraud that has been made by that court with no attention whatsoever given to the procedure of dialogue laid down in Article 84a(3) of Regulation No 1408/71 and on an interpretation of the provisions concerning the binding effect of E 101 certificates that is contrary to EU law, the incorrect application of EU law would be repeated in every decision adopted by the civil courts and tribunals concerning the same facts, and there would be no possibility of correcting a finding and an interpretation that were in breach of EU law (see, by analogy, judgment of 3 September 2009, Fallimento Olimpiclub, C‑2/08, EU:C:2009:506, paragraph 30).