C 24/8
EN
Official Journal of the European Union
17.1.2022
Judgment of the Court (Ninth Chamber) of 18 November 2021 (request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles — Belgium) — État belge v LO and Others (Case C-413/20) (1) (Reference for a preliminary ruling — Air transport — Regulation (EU) No 1178/2011 — Technical requirements and administrative procedures related to civil aviation aircrew — Points 9 and 10 of Subpart A of Appendix 3 to Annex I — Training course for the issue of a commercial pilot licence — Flying training — Instrument ground time — Calculation — Simulator training — Skill test — Principle of legal certainty — Temporal limitation of the effects of a preliminary ruling) (2022/C 24/10) Language of the case: French Referring court Tribunal de première instance francophone de Bruxelles
Parties to the main proceedings Applicant: État belge
Defendants: LO, OG, SH, MB, JD, OP, Bluetail Flight School SA (BFS)
Operative part of the judgment 1.
Point 9(e) of Subpart A of Appendix 3 to Annex I 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 amended by Commission Regulation (EU) 2018/1119 of 31 July 2018, must be interpreted as meaning that, in calculating the 115 hours of instrument time referred to in that provision, it is not possible to count more than 55 hours of instrument ground time;
2.
Point 10 of Subpart A of Appendix 3 to Annex I to Regulation No 1178/2011, as amended by Regulation 2018/1119, must be interpreted as meaning that, where an applicant has sat the skill test before completing all of the required training hours, the CPL(A) licence may be granted to him or her only once he or she has completed the training and sat the related skill test again.
(1)
OJ C 378, 9.11.2020.