CJEU Case C-33/21 | INAIL and INPS

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Publication Date 2021-2022
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Information Guide concerning Case C-33/21 from the Court of Justice of the European Union (CJEU), which relates to the applicability of social security legislation to Ryanair flight and cabin crew assigned to Bergamo Airport (Italy).

Further information:

Following an inspection, the Istituto nazionale della previdenza sociale (INPS) took the view that a number of Ryanair employees assigned to Bergamo Airport (Italy) were employed on Italian territory and were required to be insured with the INPS for the period from 2006 to 2010. The Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (INAIL) also took the view that those employees had to be insured with the INAIL for risks connected with non-air work for the period between 2008 and 2013 since they were, according to that body, connected to Ryanair's operating base located in Orio al Serio Airport.

INPS and INAIL demanded that Ryanair paid the social security contributions and insurance premiums relating to those period, which Ryanair challenges before the Italian courts. The Italian appeal court examined the E101 certificates issues by the competent institution in Ireland, certifying that Irish social security legislation was applicable to the employees concerned. However, those certificates did no cover all the Ryanair employees assigned to Orio al Serio Airport during the whole of the periods concerned. In such cases, it became necessary to determine the social security legislation applicable. The court had taken the view that Italian legislation was not applicable, which led the INPS and INAIL to appeal to Italy's Supreme Court of Cassation.

This Court asked the CJEU to ascertain, in accordance with the relevant provisions of Regulation No 1408/71 and Regulation No 883/2004, the social security legislation applicable to flight and cabin crew of an airline, established in one Member State, where that crew is not covered by E101 certificates and where that crew works for 45 minutes per day in premises intended to be used by staff, known as the crew room which that airline has in the territory of another Member State in which that flight and cabin crew reside, and, for the remaining working time, that crew is on board that airline’s aircraft.

The CJEU ruled on 19 May 2022 that the Ryanair flight and cabin crew not covered by E101 certificates who work for 45 minutes per day in that airline's premises intended to be used by staff located at Bergamo Airport and who, for the remaining working time, are on board that airline’s aircraft are subject to Italian social security legislation.

Related Links
Reuters, 19/05/2022: Ryanair must pay Italian social security for some Bergamo staff, says ECJ https://www.euronews.com/2022/05/19/ryanair-must-pay-italian-social-security-for-some-bergamo-staff-says-ecj
Independent.ie, 19/05/2022: EU court finds Ryanair liable to pay Italian social security for some Bergamo staff https://www.independent.ie/business/jobs/eu-court-finds-ryanair-liable-to-pay-italian-social-security-for-some-bergamo-staff-41666488.html

CJEU CURIA: Case C-319/20 | INAIL and INPS https://curia.europa.eu/juris/documents.jsf?num=C-33/21
CJEU: Press Release No 88/22, 19/05/2022: Judgment in Case C-33/21 INAIL and INPS https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-05/cp220088en.pdf

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