Question
Belle is the owner of a company which produces cosmetics.The company, Bellette, is based in State X. ln order to make its name as a
Belle is the owner of a company which produces cosmetics.The company, Bellette, is based in State X. ln order to make its name as a high end, luxury brand, the company has invested considerable time and money in both the design of its products and also its advertising. This strategy has paid off as a number of lifestyle magazines have given glowing reviews of Bellette's cosmetics and business is booming. The company has, therefore, decided to expand its sales to other countries in the European Union.
After having established relations with suitable retailers in State Y who will sell Bellette cosmetics in their shops, Belle plans to launch a major advertising campaign. This will include both television adverts and posters on billboards. When Belle explains her ideas at a meeting with colleagues in State Y, they tell her that she may have to reconsider her plans. This is because the Parliament of State Y has adopted legislation limiting the advertising of cosmetics; such advertising can only take place within the shops which sell the products. The legislation was adopted as part of a policy to support young people who are conscious of their own self-image.
Belle's son, Sonny, is a national of Member State X. He has completed all of his primary and secondary education in State X. Having finished school, he seeks to broaden his horizons and enrols on a history degree with a university in State Z. In the second year of his degree course, Sonny decides to apply for a maintenance grant offered by State Z to university students. Sonny's application is rejected. He is told by the Education Authority of State Z that this is because only those who have resided in the country for six years prior to starting university are entitled to the grant. Disappointed to hear this, Sonny thinks about challenging the Education Authority's decision.
To make some extra money, Sonny applies for a part-time job which is advertised with the local history museum in the same town as his university. The job is to work in the stockroom of the museum shop, doing stocktaking and refilling the shop shelves. Sonny receives a reply from the museum thanking him for this application but explaining that the job is only open to nationals of State Z as the museum is publicly funded by the State.
Sonny has encountered a further problem. He has heard from friends studying back home in State X that they are now being given free textbooks for the courses they are taking. This is because of a (fictitious) Directive which provides, inter alia, that
"All institutions of Higher Education shall provide each student enrolled on a degree course with the textbooks necessary for that course, free of charge."
Sonny and the other students on his course have not received any free textbooks from their university in State Z. Their university is a private institution, which charges very high tuition fees and is accredited by State Z's Ministry of Education to award degree qualifications. Sonny asks the university when the free textbooks will be given out, but he is told that there is no plan to do so as there is no requirement for this under national law. Sonny is surprised as he had read in the Directive
"Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 31 July 2018."
Advise Belle and Sonny as to their rights under EU law.
States X, Y and Z are all Member States of the European Union.
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