Friday, July 26, 2019

European Union Law Degree Case Study Example | Topics and Well Written Essays - 2000 words

European Union Law Degree - Case Study Example In this case the defendant must not be a state entity. The requirements of Directives can be applied horizontally between two private parties1. The UK instrument requires commercial providers of fossil based fuels to limit their quantity to 50% of their total output. On the other hand, the Directive limits this to just 40%. This In addition, this statute permits the use of candles and other fossil based fuels, without any restriction; whereas the Directive clearly specifies that these fuels are to be used, only for religious and cultural ceremonial rituals. In the event of failure by a Member State, in this regard, the EU will approach the ECJ to initiate necessary action against the Member State. National governmental entities, private or public utility organisations and firms must invariably apply EC law provisions at the national level. Since, the context, purpose and content of the Directive have been comprehended, the extent to which the UK Government had implemented its provisions, has to be examined. All the same, this Directive is significant, because it recommends the least intrusive method for achieving its objective. It is rendered effective, if its purpose, namely the use of renewable energy is achieved. This Directive aims to deter dependence on carbon based fuels. Article 249 of the Treaty, specifies that Direc... Member States are obliged to pay compensation to individuals if the latter incur loss due to the non - implementation of Directives. In the case of Francovich and Others v Italy, the ECJ held that in order to make a Member State liable for such damages, three conditions have to be fulfilled3. First, the Directive must be intended to provide rights to individuals. Second, it must contain the description and scope of the rights that it intends to provide. Third, the Member State must have failed to implement the Directive and such failure must have caused the damage to the individual4. Individuals can insist on the enforcement of a Directive. This applies even though the Directive has a horizontal direct effect limitation, which hinders its enforcement. In Francovich, the ECJ had established this principle. It also held that Member States will have to pay compensation for damages or losses to individuals under the concept of state liability, if they failed to implement a Directive5. The ECJ had further extended the scope of this decision in the subsequent joint cases of Brasserie de P'cheur6 and R v Secretary of State for Transport, ex parte Factortame (No. 4)7. The ECJ held that individuals who sustained loss could demand compensation from the Member State if it failed to implement the EC Law. This also applies if the Member States had violated the provisions of EC Law. If an individual sustained a loss or damage due to the incorrect or non - implementation of EC law provisions by a Member State, then that individual can sue against the state in the national court and seek compensation for such damage. Moreover, individuals can invoke the

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