(MEQR)‚ breaches under Article 28 EC and derogations under Article 30 EC or under the rule of reason in the case of Cassis de Dijon. The Lisbon treaty has changed the EC numbering but I will be making reference to the old numbering throughout the essay. In the third paragraph I will be talking about selling arrangements seen in Keck and Mithouard v France‚ and also justifications under Art 30 EC or under Cassis. Paragraph 4 has to do with Art 39 EC‚ which deals with the free movement of workers
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Vertical direct effect of secondary law * Case 41/74 Van Duyn The Court gives vertical direct effect to directives in this case. How does it justify this legally in the face of the language of Article 288 TFEU (Article 189 EEC Treaty at the time of the judgment)? Yvonne van Duyn v Home Office Case 41/74 Court of Justice Summary of the facts and procedure The Church of Scientology is a body established in the United States of America‚ which functioned in the United Kingdom through a college at
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EUROPEAN LAW REVISION NOTES BACKGROUND INFORMATION The UK joined the EU in 1973. Originally sent up following World War 2‚ the EU was an attempt by many western European countries to rebuild their economies by working closely together. The idea was that they would be more prosperous when working together. The countries then decided that they would share a common framework of laws in the areas of employment and the trading of goods and services between the countries. Now EU Laws cover other
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THE IMPACT ON DIRECTORS OF EU DIRECTIVES IN RESPECT TO EMPLOYMENT CONTRACTS •The member states commit themselves to make the required measure to ensure the laws‚ regulations‚ collective agreements or independent occupations are not contrary to the principles of equal treatment. •The majority of the EU law on employment and industrial relations are contained in EU directives- member states are to accomplish the objectives contained within a directive by a specific date. If they breach to adhere
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Reading General reading: From your preferred text book: Craig and De Burca (more on 241-254 than on 218-241) Case law *Cases C-6/90 and C-9/90 Francovich and Bonifaci v. Italy [1991] ECR I-5357 ** Cases C-46 and 48/93 Brasserie du Pecheur v. Germany and Factortame v. UK (Factortame III) [1996] ECR I-1029 Case C-224/01 Köbler v. Austria [2003] ECR I-10239 Journals Emiliou N‚ ‘State Liability under Community Law: Shedding more Light on the Francovich Principle?’ (1996) 21 ELRev 399 Beutler
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economic and commercial factors hindering the development of effective health & safety in the UK stem from the burden of bureaucracy. This has been found to be due to: A. Complex Structure of Legislation 1. EU Framework Directive 1989 2. Duplication of Legislation B. Development of ‘Compensation Culture’. 1. Strict Liability 2. Over Compliance/insurance & H&S Cons The Burden of Bureaucracy.
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Advance directive in a true definition means a written document that you will sign telling your surrogate what to do with your body when you’re sick or if you passed. The document indicates your choices about medical treatment; you can also name someone to make decisions about your medical treatment called a surrogate if you are unable to make these decisions. Basically a Advance directive is a way for your family to make medical decisions for your body when your in a critical state. This is made
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construed‚ confer no right on a company incorporated under the legislation of a Member State and having its registered office there to transfer its central management and control to another Member State . 2 . The title and provisions of Council Directive 73/148 of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services refer solely to the movement and residence of natural
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Brasserie du Pêcheur SA v Federal Republic of Germany Brasserie du Pêcheur SA is a French brewery. Until 1981‚ it exported beer to the Federal Republic of Germany. In late 1981‚ however‚ it was forced to discontinue the exports. Federal Republic of Germany objected that the beer Brasserie produced did not comply with the German Reinheitsgebot (purity requirement) laid down in the Biersteuergesetz (Law on Beer Duty). Article 34 of TFEU (Art. 28 of TEC) Quantitive restriction on
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presentation and advertising of foodstuffs was amended as regards the indication of ingredients present in foodstuffs‚ which required that certain allergenic ingredients and products thereof must be indicated on the label of a foodstuff. This Directive amended Directive 2000/13/EC through the addition of Annex IIIa which lists these allergens. How has this
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