The Application Of Direct Effect - 1494 Words

This question concerns the application of direct effect to the facts in question. In particular, Fergie requires advice on whether or not he can rely on Directive 15/2012 and enforce his EU law rights in the national court. Fergie takes legal proceedings against Charlston Council to claim compensation for his injury. The council seems to have complied with the domestic law which stipulate only that, the caterers has a duty to eliminate unhealthy food. The Act is silent on genetically modified food. The act also does not stipulate the percentage limit of the production of genetically modified food. Charlston Council is therefore not in breach of the national provisions. The directive, however, sets out more stringent provisions in relation†¦show more content†¦In addition, directives can only be vertically directly effective: that is, they can only be enforced against a state or a public authority (Marshall) In this case, the conditions seem to be met. The Directive is clear and precise as well as unconditional. It sets out the limit percentage of the production of genetically modified food, 2%, if it is more than 2%, member states has to take all the necessary measures to eliminate it. The Directive is not too vague. There is no evidence to suggest any conditions are attached to these rights or that they are in any way ambiguous. The implementation deadline has clearly passed. Fergie’s claim is against the Charlston Council which is clearly an organ of the state. This is not affected by the fact that in this case, it acts in the capacity of an employer (Marshall). Fergie’s claim is therefore vertical and he can rely on the Directive and the more generous rights within it in preference to the more limited provisions of the national acts. If Fergie is not employed by a state body or public body, the answer would be different as there would be no direct effect, he cannot rely on Directive. The conditions for direct effect are not met. While the conditions relating to clarity and precision as well as the passing of the implementation deadline are the same as mentioned above and are thus not reiterated here, the requirement that there exists a vertical relationship between