Legal Issues Essay: European Union Directives Custom Essay

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This is a project question assignment and the maximum word limit is 1500.

Directive 2007/999 (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 required each Member State to ensure its implementation by June 2009.
a) Germany has implemented Directive 2007/999 in the Public Transport Facilities (Special Needs) Order (‘the Order’) (fictitious), which came into force in December 2008. In relation to underground train stations, the Order provided that lifts must be made available to all wheelchair-bound travellers. In March 2010, Brigitta, 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.
b) In April 2009, Hans injured his back whilst trying to lift his collapsible wheelchair up the steps of a platform for a local tram in Vienna. Austria has still not implemented Directive 2007/999 (fictitious) and there has not been any national law on the subject in Austria.
c) Caroline attends an independent secondary school in the UK. Caroline’s leg is currently in plaster and she has to use crutches to walk. Her school bus has no ramp and passengers need to climb up three steep stairs to get onto the bus. In May 2011 Caroline suffered a serious head injury after falling down the steps of the bus and hitting her head on the kerb. The UK has not implemented Directive 2007/999 (fictitious). In 2001 the Public Transport Access (Rail) Act (fictitious) was passed. This is the only national law on the subject of public transport access facilities for people with special needs and applies only to trains. The equivalent measures planned to cover road transport were not passed.
Advise Brigitta, Hans and Caroline as to any legal action they may or may not be entitled to take under European Law.

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