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28 October 2011 / Trevor Tayleur
Issue: 7487 / Categories: Features , EU , Commercial
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Through the back door?

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 Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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