The Portuguese State will have to compensate workers from the former Air Atlantis (AIA) who were subject to collective dismissal following its liquidation by TAP, 33 years ago. A ruling from the Court of Justice of the European Union (CJEU) establishes that these former workers will be compensated for damages caused by a violation of European Union law committed by the Supreme Court of Justice (STJ) in a 2009 decision.
The decision to liquidate AIA came in 1993, after TAP, which was the main shareholder of the company created in 1985, proceeded with the collective dismissal of pilots, cabin crew and ground staff. The CJEU understands that TAP went on to operate part of the charter flights that AIA had committed to for the 1993 summer season, using aircraft operated by AIA, office equipment and even onboard dishware.
The former AIA workers went to the Lisbon Labour Court to challenge the collective dismissal and seek reinstatement at TAP. In 2007, the company was ordered to reinstate them and pay damages for losses incurred and lost profits. However, the following year, the Court of Appeal overturned that ruling.
