Case C-862/24, Satiksmes ministrija: Request for a preliminary ruling from the Augstākā tiesa (Senāts) (Latvia) lodged on 13 December 2024 – Satiksmes ministrija v A
Date: 2024-12-13
Institutions: Court of Justice
Subjects: air transport, crew, forgery of documents, principle of legal certainty, professional qualifications, transport licence








C_202501220EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/1220


3.3.2025






Request for a preliminary ruling from the Augstākā tiesa (Senāts) (Latvia) lodged on 13 December 2024 – Satiksmes ministrija v A


(Case C-862/24, Satiksmes ministrija)

(C/2025/1220)
Language of the case: Latvian

Referring court

Augstākā tiesa (Senāts)

Parties to the main proceedings


Appellant on a point of law and defendant at first instance: Satiksmes ministrija

Applicant at first instance and respondent on a point of law: A

Questions referred







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, (1) 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?






(1)  
            OJ 2011 L 311, p. 1.


ELI: http://data.europa.eu/eli/C/2025/1220/oj
ISSN 1977-091X (electronic edition)