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

EU Law - Essay Example Charles clearly falls under this head. The next step would be for him to establish that the Directive is â€Å"clear, negative, unconditional, containing no reservation on the part of the Member State and not dependent on any national implementing measure,: Alfons Là ¼tticke 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 â€Å"prohibit discrimination in the workplace on the grounds of age† meets the criteria for the Directive to be directly applicable. However this is not true for Dilshad who is employed by a private company. As seen in Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] the Court 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 confirmed this view in Webb v EMO Cargo [1994] in a case dealing with sexual discrimination. [†¦] 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]. Von Coulson and Kamann v Land Nordrhein-Westfalen [1984] 2 This 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 liberty 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 through