Opinion of the Advocate General — ECLI:EU:C:2026:162
Date: 2026-03-05
Language of the case: Latvian

summary, the Senate has doubts regarding the interpretation of European 
Union legislation. It is, therefore, necessary to refer questions to the Court of 
Justice of the European Union for a preliminary ruling. 
The proceedings in the present case are to be stayed until the Court of Justice 
gives its ruling on the questions referred. 
Operative part 
In accordance with Article 267 of the Treaty on the Functioning of the European 
Union, […] the Senate 
orders 
SATIKSMES MINISTRIJA 
 
13 
That the following questions be referred to the Court of Justice of the European 
Union for a preliminary ruling: 
1. If an examinee is shown to have engaged in fraudulent conduct by showing 
the examiner, during the practical skill test, false documents concerning the 
acquisition of practical training, is the competent national aviation authority 
empowered, for the purposes of point ARA.GEN.355(e) [of Annex VI] to 
Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down 
technical requirements and administrative procedures related to civil aviation 
aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and 
of the Council, to ban the person concerned temporarily from retaking the skill 
test to obtain a private pilot licence and from obtaining a private pilot licence? 
2. Should the explanation on point ARA.GEN.355(e) [of Annex VI] to 
Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down 
technical requirements and administrative procedures related to civil aviation 
aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and 
of the Council, as laid down in the document published by the European Union 
Aviation Safety Agency under the title ‘Acceptable means of compliance. Part 
FCL’, namely that the type of enforcement measure depends on the applicable 
national law and may include, for example, a prohibition from exercising, be 
interpreted as meaning that it empowers the competent authority to choose 
appropriate limitations (derived from point ARA.FCL.300(f)) which achieve the 
objectives of that regulation, if the national law does not provide for a specific 
temporary ban on the performance of the skill test to obtain a private pilot licence? 
3. Is it consistent with the principle of legal certainty and with Article 52(1) of 
the Charter to interpret point ARA.FCL.300(f) [of Annex VI] to Commission 
Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical 
requirements and administrative procedures related to civil aviation aircrew 
pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the 
Council, in such a way that the temporary ban on performing the theoretical 
knowledge test provided for in that point may be extended to the retaking of the 
skill test? 
To stay the proceedings pending the ruling of the Court of Justice of the European 
Union. 
The order is not open to appeal. 
[…]