Portfolio

Hello,

 

This is the assignment brief for the portfolio. Please help me because this is my last attempt before a total fail in EU law and before kicking me out of the university. I really need a good structured portfolio and in memorandum format in academic writing style with NO plagiarism. I also need references and more than 5 academic sources. I promise a good review and to order again from you if you can help me with this essay. If you need a sample of the memorandum format I can send you.

It is a different type of coursework because I received three problem questions in my seminars at university and you must write one piece of advice per problem question, so in total three(no more than 500 words per piece).

 

You must submit three pieces of advice as part of the portfolio. These pieces of advice should be formally written in memorandum format. This may include bullet points.

 

The problem questions are written in an email format and they are as follows:

  1. Subject: Fwd: Employment Dispute

 Date:

 From:

 To: Attachments: 2018 Directive.pdf; Employment Disputes Regulations 2018.pdf

 

 Hi all, I received the below from Mr Perrin last night. I have drawn together the relevant bits of the legislation, but I’m afraid my EU law is a little rusty. The UK’s Employment Disputes Regulations implement the 2018 Directive, but it looks like the two don’t exactly align. I’ve also looked into the requirement in the Directive for public transport providers to issue certificates of delay. The UK doesn’t seem to have done anything to implement that bit of the directive as the Secretary of State for Transport believes “existing industry practice already conforms with the Directive”. Could one of you please draw up a memo addressing the following questions:

  • Does the 2018 Directive have any direct or indirect effect that can be used against Sunshine Desserts?
  • Blackbird looks to me like it’s a privately owned and operated bus company. Can we use the 2018 Directive to force Blackbird to issue a certificate of delay?
  • If the answer to either of the above is “no”, might we be able to bring a state liability action against the UK Government?

Thanks, Ally.

 

 

 

Subject: Employment Dispute

Date:

From:

 To:

 

 

Good evening, , Thank you for taking my case. I’m afraid I’m in something of a pickle. I work for Sunshine Desserts. The company is owned and run by my boss, C.J. Every day I take the bus to work. You know buses are like though – it doesn’t matter how early I leave I ALWAYS seem to arrive 9 minutes late! C.J. has had enough. I got an email from him the other day saying “I Tuesday, 4 May 2020 at 9:45:45 AM Greenwich Mean Time Page 2 of 2 didn’t get where I am today by tolerating lateness on the part of my employees” and he’s initiated disciplinary proceedings against me. I think he wants to sack me. I did some Googling and I think this new EU Directive means C.J. isn’t allowed to sack me if my lateness isn’t my fault, but he says that’s not what the law says. I also asked Blackbird Buses for a certificate of delay, so that I could prove to C.J. that my lateness isn’t my fault, but they said they’re not obliged in law to give me one. I just don’t know what to do. Can I rely on this Directive or not?

 

 Yours sincerely,

 

  1. Hi guys,

 

I received the below email from.

I’ve had the lawyer linguists translate the relevant sections of the French and Italian legislation, but I’m totally stumped. Is the French law compatible with Art. 34 TFEU? Can Italy’s tax changes be challenged (Art. 110 TFEU perhaps?)

A memo, as ever, would be greatly helpful.

Thanks,

        

 

Dear,

You will, I’m sure, be unsurprised to learn that I’d had enough of Sunshine Desserts and I decided to jack it in. I have set up my own company, Grot, and despite what I sell mostly being a pile of useless rubbish it has been a runaway success! So much so, in fact, that we have just set up our new division for selling into other EU Member States: EuroGrot. One of our more successful products is my son-in-law’s parsnip and nettle wine. Truly disgusting, but there’s no accounting for taste. We thought that this product would be a great seller in Europe’s major wine markets of France and Italy. We set up warehousing and distribution networks, however, we have encountered a few snags. France has recently enacted a law stating that spirits and ‘specialist wines’ cannot be sold in ordinary supermarkets – they can only be sold in off-licenses. Wines made from grapes can still be sold anywhere. We’re really worried if we’re not allowed to sell through supermarkets our product will flop. We have also recently discovered that this year’s budget in Italy has significantly increased the duty on wines not made from grapes. Is there anything that can be done to challenge either of these?

Best wishes,

 

  1. Hi everyone, I have just had a very frantic phone call from Reginald Perrin of Grot Ltd, whose offices have just been raided by the Competition and Markets Authority. He has received a formal warning from the CMA, but he’s not sure why the conduct of his firm is being investigated. The gist of the conversation was this:
  • Mr Perrin has recently taken to importing possilberries from Venezuela into the UK. Because of the huge success that Grot has enjoyed of late, he is able to outbid everyone else, and is now the biggest supplier of possilberries in the EU. Perrin estimates he’s got a 45% share of the market.
  • Perrin is determined to drive his former employers, Sunshine Desserts, out of business. He has, therefore, been selling possilberries to other desserts manufacturers at a loss, while doubling the price for Sunshine Desserts.
  • EuroGrot’s conditions of sale are exclusive supply agreements. Purchasers must commit to buying a minimum monthly quantity and they’re not allowed to buy possilberries from any other supplier. Purchasers are also prohibited from reselling possilberries. He says this is to ensure a consistent supply and to keep prices low, but I suspect it might be to prevent Sunshine Desserts from getting their hands on another source of the product. Could someone please briefly outline in a memorandum to Mr Perrin why he urgently needs to change his business practices?

 

 Many thanks in advance,

 

 

 

Thes problem questions(emails)  are related to the following issues:

1 problem question – The legal effect of the EU law

2 problem question – The free movement of goods

3 problem question – The EU Competition Law

 

 

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