Chapter 1 The Sources and Structure of Employment Law

Question 1

What case provided for “direct effect” bound by its provision (source Treaty)

https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2023)739326

Answer 1

The Dutch seminal case of “Van Gend en Loos (1963)”
whereby the national court sought ECJ decision whether the standstill clause of Article 12 Treaty of Rome should be adhered to. ECJ decided yes and this set up the doctrine of direct effect. 1st landlark case of empowering individuals to enforce rights derived from EU Law.
(seminal - plant seed)

Question 2

Give a case where the Court interpreted law “indirect effect”.

Answer 2

Von Colson v Land Nordrhein Westfalen (1984)

women were rejected working as social workers in mens prison contrary to Equal Treatment Directive

Member state was liable to provide remedy even if it was just travel expenses.

Question 3

Give a case whereby domestic law could not interpret but compensated

Answer 3

Francovich v Italian Republic (1992)
Unable to seek compensation from insolvent employer. Italy had not set up guarantee payment system contrary to Protection of Employees in the event of the Insolvency of their Employer Directive

Can’t interpret domestic law in line with EU Law then compensation from state for failure to implement. 3 conditions:
1 granting rights
2 rights are identifiable
3 casual link between breach and damage suffered.

Italian government had to compensate.

Question 4

Give a case for vertical direct effect

Answer 4

Foster v BG (1991)

Public body employee can enforce provisions.