State liability scenario practice PDF

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reread the case on the Commercial Kitchens (Safety) Directiv reread the case on the Commercial Kitchens (Safety) Directive 2018/38 and advise Daniel and Laura about the remedies available to them. They each seek compensation for the medical expenses they have incurred....

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reread the case on the Commercial Kitchens (Safety) Directiv reread the case on the Commercial Kitchens (Safety) Directive 2018/38 and advise Daniel and Laura about the remedies available to them. They each seek compensation for the medical expenses they have incurred. Under the Commercial Kitchens (Safety) Directive 2018/38/EU (fictitious), Member States are required to adopt measures to ensure that ovens which are used in commercial kitchens conform to the detailed safety specifications set out in the Directive. One of the specifications is that the owners of all commercial kitchens should fit their kitchens with carbon monoxide detectors to protect workers from carbon monoxide poisoning. The Directive needed to be implemented no later than 31 December 2020. To transpose Directive 2018/38/EU into domestic law, the Kitchen Safety Act 2020 was adopted in France, coming into force on 30 November 2020. However, instead of requiring owners to fit their kitchens with carbon monoxide detectors, the Kitchen Safety Act required them to install carbon monoxide extractor fans. The reason for this was that the government did not wish to impose excessive regulatory burdens on commercial kitchens’ owners. Daniel is a chef employed by Le Supper Sarl, a privately owned restaurant in Paris. Laura is a chef employed by FastBand SA, a privately owned company in France that has been made responsible by a legislative decree adopted by the Parliament for installing high-speed broadband infrastructure across the country. The legislative decree sets out the standards with which FastBand must comply and places it under the supervision of the regulatory authority of the telecommunications industry. FastBand is also given special powers under the decree such as digging up roads to install fibre-optic cables. In 2021, both Daniel and Laura become seriously ill as a result of carbon monoxide poisoning which occurred while they were working in their respective employers’ kitchens. As a result of this, Daniel incurs €4,000 of medical expenses, whilst Laura, who suffers from severe asthma, incurs medical expenses amounting to €8,000. According to expert evidence obtained, carbon monoxide detectors fitted in the kitchens concerned would have detected the presence of this gas, preventing them from becoming poisoned. However, the owners of the kitchens had both installed extractor fans, according to the requirements set out in the Kitchen Safety Act 2020.

3. Lucas is an engineer who works for FastBand SA in France (see scenario above). Lucas suffers from a heart condition. One afternoon, while he was having his lunch in the company restaurant, he suffered a heart attack and had to be admitted to hospital for two weeks, incurring €12,000 of medical expenses. Lucas claims that the heart attack was caused by the company failing to install carbon monoxide detectors in the kitchen of the restaurant, where he was having his lunch. There is no evidence, however, that Lucas’ heart attack was caused by the company failing to install carbon monoxide detectors in the kitchen of the restaurant. Notwithstanding this, Lucas brings a claim against FastBand SA in France to recover the medical expenses incurred. Advise Lucas about the remedies available to him under the principle of State liability. Directive 2016/28/EU (fictitious), the Radiation Directive, was adopted in the EU, requiring Member States to introduce specific measures to ensure high levels of protection for workers against radiation. The deadline for transposing the directive expired in December 2018. The Directive, however, was not transposed into domestic law in Spain. Lisa is a technician who works for XRay4All SA, a privately owned company based in Spain that manufactures X-ray equipment. Unfortunately, after a few months working for XRay4All, Lisa develops serious health conditions and has to pay more than €15,000 in medical expenses. Reliable sources have advised Lisa that her health conditions have been directly caused by her exposure to the radiation at her work. Lisa decides to bring a claim against XRay4All SA in Spain. Advise Lisa on her remedies under EU Law....