Originally Posted by c100driver
By using RNP (AR) departure procedure B737 and A320 can have an EF after V1 (still on the runway) and meet all the performance requirements by using the engine out SID to MSA
Given that, and the fact that the normal departure requires less gradient, I don't see what the big deal is with departing and not being able to get back, providing the weather is OK up to the limit on the SID.
Being criminally charged by the CAA for not complying with your company ops manual seems a bit harsh.