## • 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: norwegianNAI and the positionofthe european Commissionnotsupported bymany CAA Dear Mr Gretch, Dear Mr Christina, On behalf ofour European sectoral committee ofsocial 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 inthe docket. After the meeting on 14July 2014, Iwould like to inform your departments that many Civil Aviation Administrations have fully disagreed with the legal analysis and positions ofthe European Commission (Dg Move). This is why I sent an email to Mr Jean Claude Juncker, the next Chair ofthe European Commission, and Mr Martin Schulz, the Chair ofthe European Parliament, in which I explain these facts and the legal weakness ofthe position oftheDG Move. Ithank again you for your attention, Best regards, Emmanuel Jahan Chair ofthe European sectonil committee ofsocial dialogue for civil aviation Le 11juil. 2014 it 17:42, <l'auI.GretchliiJdoLgov> aecrit : Dear Mr. Jahan, Thank you for your e-mail. While Iappreciate your interest inthe NAI case, itwould not be appropriate to have ameeting orcomment on the contents ofyour message because the proceeding isunder active consideration by the Department ofTransportation. As is the Department ofTransportation's standard practice, acopy ofyour e-mail, along with this response, will be placed inDocket DOT-OST-2013-0204 as a contact outside the record ofthis case. Sincerely, Paul Gretch Director, Office ofInternational Aviation U.S. Department ofTransportation Steve Cristina, Director, Office ofAviation Negotiations, U.S. Department of StateFrom: 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 14July 2014

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