The Italian Court of Appeal is called upon to determine whether Italian social security legislation applies to Ryanair employees who are not covered by E101 certificates (which attest to the affiliation of workers posted to its territory to the social security system of their country of origin) and who work for 45 minutes a day in an office of the Irish airline located at Bergamo airport and are on board the aircraft for the remaining working time (case C-33/21).
Subject to verification by the referring court, the Court finds that the Italian legislation is applicable.
The European Court is in fact of the opinion that the two cumulative conditions of Regulation 1408/71 governing social security schemes for employees moving within the EU are fulfilled. Ryanair has a branch or permanent representation at Bergamo airport through the crew room where staff work for 45 minutes a day.
In addition, the Court emphasised that the employment relationship of the flight crew of an airline has a significant connection with the place from which the crew mainly performs its obligations towards its employer, namely Ryanair’s premises in Bergamo.
The Court also verified whether, in accordance with Regulation 883/2004 on the coordination of social security systems, the Ryanair flight crew concerned pursues a substantial part of their activity in Italy. Taking into account, in the case of an employed activity, the working time and/or remuneration, this condition is not fulfilled if less than 25% of these criteria are met. It is for the referring court to ascertain whether this is the case for Ryanair employees not covered by E101 certificates.
The Court also recalls that, since 2012, Regulation 883/2004 specifies the notion of an airline flight or cabin crew member’s assignment, namely the home base designated by the operator where a crew member normally starts and ends a tour of duty (or series of tours of duty) and where, under normal circumstances, the operator is not required to accommodate that crew member.
See the judgment: https://aeur.eu/f/1rj (Original version in French by Mathieu Bion)