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Through the back door?

28 October 2011 / Trevor Tayleur
Issue: 7487 / Categories: Features , EU , Commercial
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Trevor Tayleur analyses confusing case law surrounding the direct effect of EU Directives

It is a basic tenet of EU law that Directives are not capable of horizontal direct effect. The European Court of Justice (ECJ) has decisively rejected extending horizontal direct effect to Directives (Faccini Dori v Recreb Srl: C-91/92 [1995] All ER (EC) 1). However, subsequent judgments of the court have clouded the issue (Mangold v Helm: C-144/04 [2006] All ER (EC) 383, and Kücükdeveci v Swedex GmbH & Co KG: C-555/07 [2010] All ER (EC) 867).

Mangold

Mangold, aged 56, was employed on a fixed-term employment contract. He subsequently brought proceedings in the German courts against his private sector employer, challenging the fixed-term nature of his contract. He argued that the contract breached Directive 2000/78 (the Directive), which prohibits various types of discrimination, including age. The discrimination occurred because a German law introduced in 2002 only permitted fixed term contracts for employees younger than 52 in exceptional circumstances; this restriction did not apply to employees

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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