EU Law Coursework

| February 14, 2014

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This is the question of the coursework:
Katsia is the owner of a company which manufactures balsamic vinegar. The company is based in Member State X, a member of the European Union.
The company has been looking to expand into the markets of other EU countries, in particular Member State Y where balsamic vinegar has become increasingly in demand due to the popularity of numerous cookery programmes on television. Katsia has approached a television programme and entered into an agreement that her vinegar will be advertised during their shows. Just before filming begins, the production company pulls out of the agreement on the grounds that express advertising of food stuffs within television programmes is prohibited by national law in order to protect viewers from being unduly influenced by aggressive marketing. In addition, Katsia’s research reveals that, in State Y, balsamic vinegar must be sold in tall, thin bottles so that buyers do not get confused between the different types of vinegar on sale. This is a nuisance for Katsia as her company uses short, bulbous bottles.
Katsia’s son, Elijah, is a national of Member State X. He has completed all of his primary and secondary education in State X. Having finished school, he seeks to broaden his horizons and enrols with a university in Member State Y which offers the ideal bachelor’s course for him. For the second year of his degree course, Elijah decides to apply for a maintenance grant offered by Member State Y to university students. Elijah’s application is rejected however; he is told by the Education Authority of State Y that this is because only those who have studied in the country for six years prior to starting university are entitled to the grant. Disappointed to hear this, Elijah thinks about challenging the Education Authority’s decision.
Elijah has encountered a further problem. He has heard from friends studying back home in State X that they are now being given free textbooks for the courses they are taking. This is because of a (fictitious) Directive which provides, inter alia, that
“All institutions of Higher Education shall provide each student enrolled on a degree course with the textbooks necessary for that course, free of charge.”
Elijah and the other students on his course have not received any free textbooks from their university. Their university is a private institution, which charges very high tuition fees and is accredited by State Y’s Ministry of Education to award degree qualifications. Elijah asks the university when the free textbooks will be given out, but he is told that there is no plan to do so as there is no requirement for this under national law. Elijah is surprised as he had read in the Directive
“Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 31 July 2013.”
Advise Katsia and Elijah as to their rights under EU law.
Answer the question using the principles of EU law which have been covered in the module syllabus.
The module syllabus are:
• Introduction to EU law & the Internal Market
• Free movement of goods – customs duties and charges having equivalent effect; quantitative restrictions and measures having equivalent effect
• Free movement of workers and EU citizenship
• Enforcement of EU law before the national courts – supremacy; direct effect and other related principles; state liability
• Preliminary references
p.s. please use the Oxford system, the OSCOLA as the referencing.
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Should we treat like people alike because they have a right to equality or because of utilitarian reasons?
European Union Law


Category: Legal Issues

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