Supreme Court rejects TAP’s appeal in ex-CEO’s €5.9 million lawsuit

Seven months since her blistering article published by Expresso, Portugal’s Supreme Court has handed former TAP CEO Christine Ourmières-Widener the decision she wanted. It has rejected TAP Air Portugal’s bid to transfer her €5.9 million lawsuit for unfair dismissal to an administrative court, clearing the way for the case to proceed before Lisbon’s Central Civil Court.

The ruling ends a lengthy jurisdictional dispute and (finally) allows the court to begin examining the merits of the case, in which the former CEO is seeking compensation over her dismissal from the state-owned airline over three years ago.

In a statement issued after Tuesday’s decision, Ms Ourmières-Widener welcomed the ruling, saying it confirmed that the dispute stems from a corporate relationship rather than an administrative one.

“The Supreme Court’s decision definitively confirms that Lisbon’s Central Civil Court is the competent court to hear this case,” she said. “The process can now finally move forward to an examination of its merits.”

The French executive said she had always wanted the facts to be assessed by “an independent and impartial court” and expressed confidence in the Portuguese judicial system.

She also reiterated that she remains willing to reach an out-of-court settlement.

“As I have said previously, I remain available for a fair and balanced solution that would bring this process to an end,” she said. “If that is not possible, I will calmly await the court’s decision on the merits.”

Ourmières-Widener is claiming €5.9 million in damages, arguing she is entitled to the salary and benefits she would have received until the end of her contract in 2025, along with performance bonuses linked to TAP’s 2022 profits, compensation for alleged reputational damage, and payment in lieu of the 180-day notice period she says was not respected.

TAP disputes the claim and maintains it owes its former chief executive just €432,000.

The airline’s current chief executive, Luís Rodrigues, said in February that TAP had “done nothing wrong” to Ourmières-Widener and would continue to contest the lawsuit.

Ourmières-Widener was dismissed in March 2023 following an investigation by Portugal’s Inspectorate-General of Finance into the €500,000 severance payment made to former TAP board member Alexandra Reis – a payout approved (via Whatsapp message) during Ourmières-Widener’s tenure that later triggered a major political crisis, leading to several high-profile political departures, and a great deal of negative media publicity.

Source material: Expresso

Natasha Donn

Journalist for the Portugal Resident.