Judgment_paragraph 61 · Criminal proceedings against FU and Others (C-410/21)

61In that regard, it should be recalled that the Court has already held that 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 A1 certificates were fraudulently obtained or used may 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 of dialogue and reconciliation provided for in Article 76(6) of Regulation No 883/2004 has been initiated promptly, the institution that issued those certificates has failed to undertake a review of those certificates and to adopt 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 (see, by analogy, judgment of 2 April 2020, CRPNPAC and Vueling Airlines, C‑370/17 and C‑37/18, EU:C:2020:260, paragraph 80).