EU Law Essay Example | Topics and Well Written Essays - 2500 words

EU faithfulness - Essay ExampleCharles clearly falls under this head. The next step would be for him to establish that the directional is clear, negative, unconditional, containing no reservation on the part of the Member State and not dependent on all national implementing measure, Alfons Ltticke GmbH v. Hauptzollamt Saarlouis 1966 relied on in Van Duyn v Home Office 1974. Whilst we do not know the precise wording of the Directive we can deduce the phrase prohibit discrimination in the workplace on the grounds of mount up meets the criteria for the Directive to be directly applicable.However this is not sure for Dilshad who is employed by a private company. As seen in Marshall v Southampton and South-West Hampshire state Health Authority (Teaching) 1986 the administration of Justice does not allow the direct horizontal enforcement of Directives.However, in Marleasing SA v La Comercial Internacionale de Alimentacion SA 1990 two private individuals sought a remedy which was not included in the Directive. The Court held that a non implemented Directive could be relied upon in a case between individuals. The House of Lords substantiate this view in Webb v EMO Cargo 1994 in a case dealing with sexual discrimination. realise their national law in the light of the wording and the purpose of the Directive in order to hit the result referred to in the third paragraph of Article 249. Von Coulson and Kamann v Land Nordrhein-Westfalen 1984 2This is known as indirect effect. Both Charles and Dilshad could seek redress with a view to having the national court declare age discrimination in the workplace unlawful in the UK. The national court would be at self-reliance to provide an adequate and effective remedy. An advantage of this approach is that unlike direct effect the provisions in question do not have to be clear, precise, unconditional and require no further implementation. assuming the worst case scenario that both Charles and Dilshad are denied a remedy t hrough