European Union Law Case Study Example | Topics and Well Written Essays - 1250 words

European Union Law - Case Study ExampleHauptzollamt Saarlouis 1966 relied on in Van Duyn v Home Office 1974.Therefore since Mark works for a Council this can be cons line upd as an emanation of the dry land (specifically Costanzo 1989 ECR 1839) and it is submitted that the explicate in the Directive the use of chlorine killing agents in swimming pools is terminateed meets all the criteria for the Directive to be directly applicable.However this is not true for Sunita. The swimming pool is a private company, and she is a user of the pool. Under the direct effect formulations, she would have no redress as she wishes to sue an individual rather than the State or an emanation of the State. As seen in the following case, the Court of legal expert does not allow the direct horizontal enforcement of Directives.In Marshall v Southampton and sou-west Hampshire Area wellness Authority (Teaching) 1986 Helen Marshall sought to sue a health authority for retirement age discrimination under the Equal sermon Directive 1976. The Court of Justice held that there was no horizontal effect to a Directive where a government had failed to implement a Directive. Helen Marshall could not sue the Health Authority in these circumstances.If the employer is not the State or an emanation of the State th... If the employer is not the State or an emanation of the State then the Court of Justice allows the national court to look at indirect effect. In the absence of domestic legislation being in place, national courts are empowered by the Court of Justice to enforce the provisions of the Directive in swan to ensure that the aim of the Directive is carried out. In this case the aim of the Directive is to prohibit the use of chlorine in all swimming pools throughout Member States. The national court would therefore be called upon to make the use of chlorine cleaning agents unlawful in the UK and sanction the transgressors accordingly, providing remedies under standard contractual law wi thin the precedents currently relied upon by national courts.In Von Coulson and Kamann v Land Nordrhein-Westfalen 1984 2 female applicants successfully sued prison administrators for sexual discrimination when 2 posts advertised for social workers went to males. The distrust before the court was whether the Equal Treatment Directive 1976 specifically required that discrimination be remedied by the appointment of the complainant to the post. The Court of Justice said no, but that it did require the national law to provide an seemly and effective remedy national courts are required to interpret their national law in the light of the wording and the purpose of the Directive in order to achieve the result referred to in the third paragraph of Article 249. 2 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. Hence Van Coulson was able to indirectly rely on the provi sion against a State employer. We are specifically told that the only