Case C‑271/11

Techniko Epimelitirio Elladas (TEE) and Others

v

Ipourgos Esoterikon, Dimosias Diikisis kai Apokentrosis and Others

(Reference for a preliminary ruling from the Simvoulio tis Epikratias)

‛Air transport — Regulation No 2042/2003 — Technical requirements and administrative procedures in the field of civil aviation — Continuing airworthiness of aircraft — Approval of members of staff involved in tasks of inspection — Qualifications required’

Summary — Judgment of the Court (First Chamber), 8 November 2012

Transport — Air transport — Regulation No 2042/2003 — Continuing airworthiness of aircraft and aeronautical products, parts and appliances — Approval of organisations and personnel involved in these tasks — Obligation of Member States to certify automatically and without any selection procedure the individuals performing the duties of inspecting aircraft airworthiness at the date when the regulation entered into force — None

Transport — Air transport — Regulation No 2042/2003 — Continuing airworthiness of aircraft and aeronautical products, parts and appliances — Approval of organisations and personnel involved in those tasks — Qualifications required — Requirement to have occupied a position with appropriate responsibilities — Scope

Transport — Air transport — Regulation No 2042/2003 — Continuing airworthiness of aircraft and aeronautical products, parts and appliances — Approval of organisations and personnel involved in those tasks — Qualifications required — Requirement to have undergone all the education and training required and to have been subject to appraisal

Transport — Air transport — Regulation No 2042/2003 — Continuing airworthiness of aircraft and aeronautical products, parts and appliances — Approval of organisations and personnel involved in those tasks — Qualifications required — Distinction between holders of an aircraft maintenance licence and holders of a higher education degree — None

Transport — Air transport — Regulation No 2042/2003 — Continuing airworthiness of aircraft and aeronautical products, parts and appliances — Approval of organisations and personnel involved in those tasks — Qualifications required — Five years experience in ensuring continuing aircraft airworthiness — Circumstances in which experience may be acquired — Determination by the Member States — Lawfulness

Transport — Air transport — Regulation No 2042/2003 — Continuing airworthiness of aircraft and aeronautical products, parts and appliances — Approval of organisations and personnel involved in those tasks — Qualifications required — Five years experience in ensuring continuing aircraft airworthiness — Experience covering all aspects involved in ensuring that airworthiness

Transport — Air transport — Regulation No 2042/2003 — Continuing airworthiness of aircraft and aeronautical products, parts and appliances — Approval of organisations and personnel involved in those tasks — Measures adopted by a Member State to distribute, within the competent authority, the tasks of inspection of aircraft airworthiness among a number of specialised categories of inspectors — Lawfulness

Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Jurisdiction of the national court — Establishing and assessing the facts of the dispute — Need for a preliminary ruling and relevance of the questions — Assessment by the national court

See the text of the decision. (see paras 29, 30)

See the text of the decision. (see para. 34)

Article 2 and provision M.B.902 of Annex I to Regulation No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks must be interpreted as meaning that it is open to the Member States, when adopting measures to complement the implementation of that regulation, to distribute, within the competent authority provided for by provision M.B.902, the tasks of inspection of aircraft airworthiness among a number of specialised categories of inspectors. (see para. 48, operative part 1)

Provision M.B.902(b), point 1, of Annex I to Regulation No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks must be interpreted as meaning that any individual who is responsible for inspecting any aspect whatsoever of the airworthiness of aircraft must have five years experience covering all aspects involved in ensuring the continuing airworthiness of an aircraft, and those aspects alone. (see para. 53, operative part 2)

Provision M.B.902(b), point 1, of Annex I to Regulation No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks must be interpreted as meaning that Member States may determine the circumstances in which the experience of at least five years in continuing airworthiness which must be possessed by the staff responsible for reviewing aircraft airworthiness may be acquired. In particular, they may choose to take into account experience acquired by work within an aircraft maintenance workshop, to recognise experience acquired during workplace-based practical training during aeronautical studies or also experience linked to having performed the duties of an airworthiness inspector in the past. (see para. 60, operative part 3)

Provision M.B.902(b) of Annex I to Regulation No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks must be interpreted as not making any distinction between holders of an aircraft maintenance licence, within the meaning of Annex III to that regulation, headed ‘Part-66’, and holders of a higher education degree. (see para. 67, operative part 4)

Provision M.B.902(b) of Annex I to Regulation No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks must be interpreted as meaning that only those individuals who have first undergone all the education and training required by that provision and whose knowledge and competencies on the conclusion of such training programmes have been subject to appraisal may perform the duties of inspectors of the airworthiness of aircraft. (see para. 73, operative part 5)

Provision M.B.902(b), point 4, of Annex I to Regulation No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks must be interpreted as meaning that only those individuals who have previously occupied a position with appropriate responsibilities, demonstrating both their capacity to carry out all the necessary technical controls and also the capacity to assess whether or not the results of those controls permit the issue of documents certifying the airworthiness of the inspected aircraft may perform the duties of inspectors of the airworthiness of aircraft. The appropriate responsibilities associated with the position occupied by the staff responsible for reviewing aircraft airworthiness must not be considered solely in terms of hierarchical status, but must be assessed in the light of the duties to be performed, which involve the ability to engage all the processes which ensure that, at any time in its operating life, an aircraft complies with the airworthiness requirements in force and is in a condition for safe operation. (see paras 77, 78, operative part 6)