EU Law Case Analysis: Mobility-Impaired Amenities, Free Movement of Persons, and Pesticide Regulatio

Case 1: Mobility-Impaired Amenities

Directive 2015/999 (fictitious) requires each Member State to ‘take all necessary measures to ensure that all transport facilities have appropriate amenities for the mobility-impaired’. The Directive requires each Member State to ensure its implementation by June 2019. Germany has implemented Directive 2015/999 in the Public Transport Facilities (Special Needs) Order (‘the Order’) (fictitious), which came into force in December 2018. In relation to underground train stations, the Order provides that lifts must be made available to all wheelchair-bound travellers. In March 2019, Gloria, who was 8 months pregnant at the time, was refused the use of the lift in an underground station during rush hour since she was not wheelchair-bound. As a result, she had to use the stairs and slipped, breaking her ankle.Advise Gloria.

Discuss all the three possible effects of EU law in the national system by advising on the most likely outcome of this case.

The UK's decision to exit the EU has created great uncertainty for a number of communities across the UK and Europe. In particular, the UK has become worried about the impact that leaving the EU will have on the free movement of goods. Mixed nationality EU families in the UK, UK nationals working in the EU and others are facing a series of questions relating to their legal rights.

Sarah, a British national, is 40 years old. All her family and friends live in Spain. In 2018 Sarah decided to settle permanently in Spain. She has been living in Madrid for the past nine months. 

Shortly after her arrival in Madrid, Sarah struggled in finding a job and after 2 months she started to work from her home as a make-up artist to have an occasional income. After a couple of weeks, Sarah secured permanent employment as a hotel chambermaid. She worked there for 20 hours a week but she quickly began to feel very despondent as her income was below the minimum wage. Soon after, Sarah became involved in criminal activities. She has just been convicted of selling recreational drugs to the hotel guests and the Spanish court is considering ordering her expulsion from Spain on public policy grounds.

Francisco is a Spanish national and Sarah’s friend. He founded and manages a start-up that for a fee offers online advertising for the hotel industry. Thanks to Francisco, Sarah was employed as chambermaid by the hotel. Francisco is now worried that her criminal conviction will lead to negative feedback for his business. He has decided to move to the UK and to relocate his business there for a while. He is planning to rent an office in Ely.

Sarah and Francisco come to you for legal advice on 15 October 2019. Advise them on the application of EU law on the free movement of natural and legal persons. Conclude with a critical analysis on the foreseeable implications of Brexit for both situations.

France has become worried about the presence of certain pesticide residues in plants, which some scientific studies have indicated may pose a health risk.  In particular, French authorities are concerned about a specific pesticide marketed under the name ‘Permethrin’.  Permethrin is legally in use and sold in other EU member states and there are no EU rules placing restrictions on its use.

France has passed national legislation, which seeks to limit its use. Amongst its provisions are:

a)Barley importers must pay 15% of the barley’s overall value for a compulsory health inspection. French competent authorities will then release a detailed chemical analysis report for the imported barley subjected to this inspection.

b)A new tax scheme that favours grain sold and produced in France.

c)A ban on all advertising or sales promotion of any produce which contains any level of Permethrin residue (even if this is within the permitted levels).

Otto is a Dutch producer of new varieties of barley, which he was hoping to market in France.  He is concerned by the new legislation in France as he has found that Permethrin is the most effective pesticide for his crops and he thinks his product may exceed the limits imposed by France.  

Otto would like to know whether it would be possible to challenge the French provisions on the basis of EU law. Conclude your analysis by considering also France’s claim.