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From: SD.cmte.civil.aviation[maiIto:chair.ssd.committee@gmail.com]

Sent: Wednesday, July 16, 2014 2:01 AM

To: Gretch, Paul (OST); cristinasa@state.gov

Subject: norwegian NAI and the positionof the european Commissionnot supported by many

CAA

Dear Mr Gretch,

Dear Mr Christina,

On behalf of our European sectoral committee of social dialogue for civil aviation, I

would like to thank you for the consideration you have given to our concern by inserting

my email and its attached files in the docket.

After the meeting on 14 July 2014, I would like to inform your departments that many

Civil Aviation Administrations have fully disagreed with the legal analysis and positions

of the European Commission (Dg Move).

This is why I sent an email to Mr Jean Claude Juncker, the next Chair of the European

Commission, and Mr Martin Schulz, the Chair of the European Parliament, in which I

explain these facts and the legal weakness of the position of the DG Move.

I thank again you for your attention,

Best regards,

Emmanuel Jahan

Chair of the European sectonil committee of social dialogue for civil aviation

Le 11 juil. 2014 it 17:42, <l'auI.GretchliiJdoLgov> a ecrit :

Dear Mr. Jahan,

Thank you for your e-mail. While I appreciate your interest in the NAI case, it would not

be appropriate to have a meeting or comment on the contents of your message because

the proceeding is under active consideration by the Department of Transportation.

As is the Department of Transportation's standard practice, a copy of your e-mail, along

with this response, will be placed in Docket DOT-OST-2013-0204 as a contact outside

the record of this case.

Sincerely,

Paul Gretch

Director, Office ofInternational Aviation

U.S. Department of Transportation

Steve Cristina, Director, Office of Aviation Negotiations, U.S. Department of State
From: emmanuel orange [mailto:emjahan@orange.fr]

Sent: Thursday, July 10, 20145:27 AM

To: cristinasa@state.gov; Gretch, Paul (OST)

Subject: request for an appointment on behalf of the European sectoral social dialogue

committee for civil aviation

Dear Mr Cristina and Mr Gretch,

As chair of the European Sectoral Social Dialogue Committee for Civil Aviation, I

would like to transmit to your departments two documents regarding the case of

Norwegian NAI :

> a letter for an appointment between representatives of the Committee and your

representatives on the next Monday 14 July 2014 .

> the statement of the social partners directly concerned by this case

I wish to underline that the article 17 bis stresses the importance of high labour

standards and also that the European regulation 1008/2008/EC has a special

recital on these labour standards. Moreover, Norwegian NAI has no principal

place of business in Ireland (no aircraft, no staff, no flight) contrary to the

definition in the regulation 1008/2008/EC and the case law of the Court of Justice

of EU that has clearly defined a place of business (or establishment) as a place

with an activity « on a stable and continuous basis}) Uudgment Bruno Schnitzer

C215-01).

This European judgment is also in line with the judgment of the United States

Supreme Court (Herz Corp. V. Friend, 559 US February 23,2010) that has

defined the principal place of business as the « nerve center}) of the enterprise.

Best regards,

Emmanuel Jahan

Chair of the European sectoral social dialogue committee for civil aviation