The former Air Atlantis (AIA) workers will finally be compensated by the Portuguese State, more than 30 years after their collective layoff in 1993. The Court of Justice of the European Union (CJEU) concluded that a decision by the Supreme Court of Justice (STJ) in 2009 violated European Union law, siding with the workers who had been fighting for their reinstatement and compensation.
The case originated from TAP's decision to dissolve Air Atlantis, created in 1985, of which TAP was the main shareholder. The layoffs affected pilots, cabin crew and ground staff. These workers went to court and obtained a favorable ruling nearly 20 years ago, but that decision was shortly thereafter overturned by the STJ in 2009.
Now, the CJEU has confirmed that Portugal violated European law by not respecting the initial ruling in favor of the workers. The Portuguese State must therefore proceed with the compensation of these former employees, in a process that has been ongoing for more than three decades.
This case is particularly relevant for demonstrating the supremacy of European law over national legislations, when these are considered incompatible with the norms of the European Union. The Air Atlantis workers now hope to finally see their decades-long struggle for labor justice recognized.
