Having read the Judgement i'm a little confused (yes i know easily done)
EU Ops 2.2 states "An operator shall ensure that for all its flights:
Flights are planned to be completed within the allowable flight duty period taking into account the time necessary for pre-flight duties, the flight and turn-around times."
So if this indeed the case, the "roster" is not the legal document, any old tom dick or harry could make up any times they wanted, it would not be "illegal" as its only the roster i.e. it is not the "plan"
When issued with the "Flight Plan" it says "ATC Plan" so therefore that is, by definition "the plan".
Therefore if "the plan" issued to the crew could not be completed within the maximum FDP then TC could not, as is required by legalisation "ensure" at the planning stage it could be completed. Therefore, correct me if I am wrong (and I have been known to be from time to time), that makes it illegal.
So, what exactly is the TC's managers argument here?