Teacher Resource 12 - European Union case law (answers) Learner resource 12 is designed to test knowledge of cases involving EU rulings. The list is not exhaustive and you may wish to make a case list template that includes all of the cases you have studied that can be used for revision. Try to encourage the learners to pay more attention to the decision in the case rather than the facts. Complete the following table with brief details about the facts and decisions in each of these cases: Case name Facts Law Re Tachographs: EC The UK were not complying with The European Commission the strict EU transport laws took the UK to the ECJ who Commission v UK which required all heavy goods forced the UK to abide by the (1979) vehicles to be fitted with a EU law. tachograph machine to limit the number of hours a driver is allowed on the road without a break. Marshall v Marshall had been forced to As this case involved EU laws retire from her job. In the UK, the regarding sexual Southampton Area retirement age for men was 65 discrimination, the House of Health Authority years old yet for women it was Lords referred the case to the (1986) 60 years old. ECJ for a decision. Marshall argued that her The ECJ agreed that Marshall employer would not have been should win her case. The UK able to treat a man the same subsequently changed the way as they were able to treat retirement age making it the her. same for both men and women. Macarthys v Smith Smith challenged her employer Her case was successful as it in the courts for paying her male contravened article 157 TEU (1979) predecessor more wages for the (formally article 141 Treaty of same job. Rome) in that men and women should have equal pay for equal work. This case is an example of a treaty having a horizontal direct effect.
Teacher Resource 12 - European Union case law (answers) Learner resource 12 is designed to test knowledge of cases involving EU rulings. The list is not exhaustive and you may wish to make a case list template that includes all of the cases you have studied that can be used for revision. Try to encourage the learners to pay more attention to the decision in the case rather than the facts. Complete the following table with brief details about the facts and decisions in each of these cases: Case name Facts Law Re Tachographs: EC Commission v UK (1979) The UK were not complying with the strict EU transport laws which required all heavy goods vehicles to be fitted with a tachograph machine to limit the number of hours a driver is allowed on the road without a break. The European Commission took the UK to the ECJ who forced the UK to abide by the EU law. Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. In the UK, the retirement age for men was 65 years old yet for women it was 60 years old. Marshall argued that her employer would not have been able to treat a man the same way as they were able to treat her. As this case involved EU laws regarding sexual discrimination, the House of Lords referred the case to the ECJ for a decision. The ECJ agreed that Marshall should win her case. The UK subsequently changed the retirement age making it the same for both men and women. Macarthys v Smith (1979) Smith challenged her employer in the courts for paying her male predecessor more wages for the same job. Her case was successful as it contravened article 157 TEU (formally article 141 Treaty of Rome) in that men and women should have equal pay for equal work. This case is an example of a treaty having a horizontal direct effect.
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