Enforcement Of EU Law Assignment

QUESTIONS

Part 1

The EU adopted the Motor Vehicle Repair Directive 2018/45 (fictitious) requiring Member States to take measures no later than December 2020 to provide a healthy working environment in vehicle repair bodyshops. The Directive required Member States to ban the use of isocyanates in spray paints used in bodyshops. This substance has been shown to be a major cause of severe asthma.

The Irish government did not take any measures to implement the Directive as it considered that the Safety Industrial Act 2017 (fictitious) provided adequate safeguards. The Act required operators of motor vehicle repair bodyshops to provide their employees with 'effective protection from hazardous substances' but without explicitly banning the use of isocyanates in spray paints. Robert is employed as a technician in Transport4Ireland Ltd, a company set up by the Irish Combined Agency (ICA) to improve transport links in Ireland. The ICA is statutorily responsible for supporting the development of public transport in Ireland. Although Transport4 Ireland operates on a commercial basis, it is controlled by the ICA and has been granted special powers.

Robert has been diagnosed as suffering from severe asthma, which was caused by exposure to isocyanates at work. His employer, however, claims that they have complied with the 2017 Act by providing their employees with personal protective equipment such as gloves and masks. Advise Robert about the remedies available to him under EU Law.

Part 2

David works for Candy&Sweets (C&S), an Irish company specializing in confectionary. One of their flagship products are candies with whisky, which sell in big numbers in Ireland and in other Member States of the European Union. However, in recent months C&S has been experiencing problems in several countries.

In France, the company is asked to pay a border charge of 1 per ton. The French government claims that the money goes to a special fund to support the research of Diabetes type 2.

In Poland, the government imposes a complete ban on the import of confectionary products that is aimed at fighting obesity. The legislation in Poland, however, does not contain any prohibition on the manufacture or marketing of the same type of products in Poland.

In Germany, advertising of confectionary is strictly prohibited on TV, publishing and the internet. This prohibition was introduced by the German government as part of its anti-obesity policy.

Advise Candy&Sweets as to their rights under EU free movement of goods.

Part 3

Maria has Irish nationality and is married to Felix, who is from England. In 2017, the couple moved from Dublin to Berlin with their new-born baby, as Maria was offered a job in a company near Berlin. In May 2023, Maria was prevented from receiving substantial financial bonuses; her company considered that she was not eligible because she was not a German national. Felix had a part time job and worked from 2017 to 2020 in Berlin but he is not working at the moment. He is not economically active and spends all his time looking after his son. As the UK left the EU on the 31" of January 2020, he is worried that he may be deported from Germany.

Advise Maria and Felix as to their rights to free movement under EU Law.

Part 4

Compulsory reflective component.

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