European Union Law Essay Example | Topics and Well Written Essays - 1000 words

European Union Law - Essay Example However, the Act excluded liability for loss of wages and required the victim to establish the liability of the manufacturer. The Directive and the Act were to replace the existing national laws of negligence in relation to the Product. In May 2004, Byrd has prescribed a Product, manufactured by Omnia Pharma PLC (â€Å"Omnia†) a company registered in England, for relieving stress. After using for two weeks, Byrd developed suppurating psoriasis as a side effect of this product. This led to frequent absence from work and the resultant dismissal from service. Byrd unsuccessfully attempted suicide due to these developments. The Product continues to be covered by UK patients with the result that Omnia has a monopoly on sales of the Product in the UK. The doctrine of direct effect, which is applicable to individuals as well as institutions, permits individuals to file a case in national courts if an EU Directive is incorrectly implemented by that Member State. Rights under direct effect have to be honored without any reference to domestic law. As such the doctrine of direct effect is an intrinsic part of the notion of the supremacy of European Law and no discretion is permitted to the Member States or Community institutions. Regulations always have a direct effect but Directives obtain direct effect only on the basis of the merits of each case (direct effect, 2006). The Community law provisions require the Member States to compensate any loss caused to individuals due to the non – implementation of a Directive. In the case of Francovich and Others v Italy, the ECJ made it clear that in order to make a Member State liable for the damages caused to an individual as a result of none – implementation of a Directive, three conditions must be fulfilled.