EU Law and Discrimination: Analysis and Conclusion

The assignment delves into the European Union's legal framework regarding discrimination, with a focus on the Medical Products industry in Germany. A case study of Medica company's struggles with advertising slimming drugs products is presented, highlighting the negative impact of EU laws on their business. The analysis concludes by emphasizing the importance of non-discrimination and providing an overview of the EU legal system's effects on businesses.

EUROPEAN UNION
LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Question 1...................................................................................................................................3
Question 2........................................................................................................................................6
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
European Union has unified legal structure which defines about various types of legal
system in nation, which defines about to completion of various business functions as per
following legal systems of nation. In addition to this, the report will be discussed about
discrimination acts which mentioned in its various articles of the country. All female employees
should not be discriminated by employer at workplace and EU legal system protect against it.
Apart from it, varied types of legal provisions are mentioned in legal system of the nation. The
report will be discussed appropriate suggestion regarding to Medica company who is operating
in Europe and furnishing variety of medical services in industry. The company need to follow all
legal provisions of EU legal system in respect to providing its various types of drugs products in
its multiple members states in proper way.
MAIN BODY
European Union has a key role to play in regulating the affairs of all its member states, including
the UK. EU law is a system of rules operating within the member states of the European Union.
Likes every political body, it has laws which constitute its basic governance structure. The EU
refer to the entire economic and social networks of nation of country, which involves all 28
members states (Craig and De Búrca, 2011). As per its law system, variety of legislative
provisions are being mentioned in its legal structure by which they can better resolves each
country's issues by utilising legal provision given in multiple articles of the nation.
Question 1
(1) Daisy was employed by a large department store located at the high street. Her job
involves serving at the tills and putting stock on the shelves, she had worked at the store for ten
years. One of her fellow workers was mark who has worked at the shop for similar time. Daisy
discovered that Mark has been paid Christmas bonus with some of the selected staffs. She has
not been paid the bonus, neither any of females within them colleagues she knows. All of whom
were females (Schmidt and Anderman, 2011). Apart from it, she also discovered that Mark
received an extra week of paid holiday than she did. Daisy is alleging that she is a victim of sex
discrimination at workplace. It is not fair as per legislative law of EU nation. According to EU
law article 157 TFEU, the indirect discrimination occurs when there is unreasonable rule of
policy that is the same for everyone but has an unfair effect on peoples who share a particular
attributes. As per its legal provision, the indirect discrimination is unlawful because some

unacceptable situation incurs at workplace. By making discrimination with someone on basis of
Sex and status factors in firm. It can be said that, Daisy is a victim of discrimination in the store
and other females as well. So in this situation, the store department has done their job wrongfully
as per legal provisions, so Daisy has right to take legal action to getting remedy against internal
discrimination which has faced by her in the store regarding to making use paying bonus on
Christmas (Craig and De Búrca, eds., 2011). So this is not lawful as per EU law article 157
TFEU, so she need to take legal action in order to getting her appropriate amount of bonus and
holiday pays as she were expected to be given by company. Hence, it can be said that, in this
situation, store department must need to treat with all workers at equality basis, and as per legal
system, they have to equal pay to every employee.
(2) As per the given case, Jenny was employed by the store. She ran a department in the
shop and although she also served customers her job involves other activities such as ordering
stock. John was the warehouses. Most of them were female and they have discovered that, they
only received half the pay that John received as warehouse manager. John is arguing that this pat
different amount to sex discrimination and that she should be entitled to the same pat as john. So
according to article 157(1) of Eu legal system, all employees in any business must be equal pay
for their equal works within job (Weatherill, 2014). She was discovered that, Jenny is not
receiving equal according to their works in the job. It can be said that, as per legal provision
about equality paying for equal works at workplace. She has noticed that, almost her fellow
employees were females and they all were getting same amount of money as jenny getting, that
was half amount of pay of john who is a warehouse manager in the store. In the given case, jenny
is arguing that this pay differences amounts to sex discrimination and she demands for getting
equal pay as John in store. She was discriminating by the company about getting not fair pay as
equal to their works in the store. So this circumstances, according to article 157(1), it can say
that, she deserves to get sufficient amount of money as per their job in the store. Almost females
are direct discriminating by salary paying scale in store. As this is not enforced by law in fair
manner. So the law describe that, the company professionals need to furnishing equal pays to all
workers at workplace as equal to their works in the business. By considering legal provision of
EU, she can file claim on the company and demand for equal paying scale as John is getting in
store. The company must need to provide equal pays to their employees to increasing satisfaction
level and meeting their desired goals as well. She has right to demand for equal pay system in

business according to EU law and they can demand for equal salary as their other fellow has
been getting.
(3) According to the give case, Sonia is employed by the shop to work part-time. She is
complaining, that as part tome worker, she is excluded from the company' occupational pension
scheme, all the part-time workers are females (Guild and Tomkin, eds., 2012). So she has noticed
that, all employees, who is doing part-time job in shop is not offering occupational pension
schemes at workplace. As per EU legal system, there is mentioned about all about discrimination
which is, according to article 2(1)- no discrimination on ground of sex, defines that, all
employees in business must be given equal opportunity to getting job and other attractive paying
benefits and bonus schemes in job. So in the given case, Sonia is working in a part-time job in a
store, she is not getting some paying scale benefits and attractive monetary advantages which is
offering by company. She has noticed that, mostly male employees are getting advantages of
equal pays system and compensation pension scheme. So she can file claim shop owner to not
offering personal schemes to female workers at workplace because they are females. All females
can demand for equal chances to getting pension scheme in their part-time job system. So they
will be able to gain monetary benefits which offered by company to other male employees.
Apart from it, in another give case, to make improvement in her income, Sonia applied
for a job in the warehouse. She was unsuccessful and was informed that warehouse work is a
man's job. Sonia is arguing that this is the sex discrimination situation. As per the EU legislative
provision about discrimination law, it can be said that, Sonia has noticed about she is not getting
job in warehouse because she is female. By the company, she was informed that, warehouse is
not appropriate for females to working. As per article 2(1)- no discrimination on ground of sex,
she must be offered job in warehouse, because as per legal provision, none can discriminate for
ground of sex (Steiner, Woods and Watson, 2012). She has right to file claim on company and
enforce them to getting job in warehouse. No one can refuse to offering job at workplace on the
basis of their ground of sex. The company can not assume that, she can not work at warehouses'
job, because she is female. Hence, according to legal provision of EU nation, the warehouse
owner can not refuse the offer of her as she wants to work in the job. She is capable to do this
job, but company professionals not offering her this job, because she is female and can not work
hard in this job.

Question 2
(A) According to given case, Medica is a pharmaceutical company based in the UK and
they produce various pharmaceutical drugs that are treated within the European Union. However,
there is some crucial situations are arising which is, they have produced Medicon, a new drug to
treat high blood pressure (Ahmed, 2011). This was approved for use in the UK and by some
other countries. A problem was encounter when attempting to launching the medicines into
Germany. The main ingredient is Capricol at a level of 70%. Although Germany allows some
other drugs containing Capricol to be sold there, the nation is allowing using it in 50% in their
medicines. Therefore, Medica has been informed that, they cannot market Medica in Germany.
As per the given case the European Union legal system is not allowing Medica pharmaceutical
company to operate their business functionality in order to serving drugs which contains
Capricol that can be used in level of 50%, and above of their standard, the company can not
introduce this types of drugs in Germany. So free movement of foods was seen as part of
customs union between the membver states. Involving the abolition of customs duties,
quantitative restriction on trade and equivalent measures,and the establishment obstacles to free
movements of goods with a voew of creating the internal market, in which good could move as
freely as on a national market (Lock, 2012). It has been seen that, the business has been facing
restriction to introducing their drugs products in Germany in order to reducing higher blood
pressure. As per the EU legal system, its Article 34 TFEU define that quantitative restriction on
imports and all measures having equivalent effects will be prohibited between members states of
the EU. It has been seen that, Medica pharmaceutical company wants to sell their medical
products in Germany and the nation is a member stage of European Union, so it has to follow the
legal guidelines as mention in the article 34 to restriction about imports products which is not
following by organisations. So it can be said that, the organisations need to follow the standard
of Capricol level within their medical dugs products and cut down the level of these ingredients
in their existing products and get them to 50% standard of dungs within their drugs, which assist
the people to stay healthier in their lives and maintain high blood pressure. The company need to
reduce the level of Capricol in drugs which allows them to introducing their existing drugs in
Germany in equivalent manner.
(B) As mentioned in given case, Medica pharmaceutical company is also producing a
drug called Dolin which is used to treat stress, the started to market the drug in Poland. However,

Poland has not banned all imports of Dolin on the ground that its effectiveness in unproven. As
per the article 35 TFEU, it cam be said that, the business have to right to sell the free movement
of good, the article also allow its member states to take measures having an effect equivalent to
quantitative restriction when these are justified by general and non-economic consideration. In
case of public policy and public security, Medica organisational need to take consideration of
selling Dolin which is being used for treating stress effectively. So the business professionals
need to make sure that, all drugs products provided by them must be in relevant form and
protecting health of country's people as well (Janssens, 2013). They must need to make sure that,
all products and services provided by them in the country, which is not harmful for its users in
market. The business owner has right to make sure that, all other companies are furnishing Dolin
medicines which must not be equivalent to other's products. Apart from it, there are several types
of organisations are being operated in the nation which is furnishing the same types of drugs
products to protecting peoples life's in order to help them to getting well from stress. So
according to legal system of EU, so it can examine that, there are numbers of issues are being
arisen for the company regarding to selling Dolin products in industry, because of there are
multiple types of drugs companies are proving the products and they have to ensure that, Poland
has not banned to all imported products and services in industry so that its effectiveness is
unproven (Ripley, 2012). So it can be said that, as per legal system about it, they have to
maintain the standard of their medical products and also maintain the health issues of peoples
which assist them to increment in its sales in market.
(c) in addition to this, a issue has recently occurred with importing Dolen into France. the
French authorities informed Medica pharmaceutical company that the drug cannot be accepted in
France because that the packaging does not comply with French requirements for medicinal
drugs in that it is the wrong size and contains insufficient information in French. Medica is
arguing that it will be uneconomic to make these changes. It can be said that, there are numbers
of issues are being arisen for the business to selling Dolen into France (Maduro, L. M. P. P. and
Azoulai, eds., 2010). As per European Union legal system, Article 26 defines that, the business
need to follow appropriate instruction of French government in order to maintain medical
standard of packaging various types of drugs in industry in relevant form. In addition to this, it
has been examined that, the company must contain proper packaging on its Dolen products. So
they will be able to describe more about their products and services in industry, as per legislative

provision, it can be seen that, the French authorities has informed the Medica company to
maintain standard of packaging of company's drug prducts in market which maintain the
standard of their medial products in market. The French government policies defines that, in case
of Dolen products, the company is not following the legal structure of packaging and some
essential information also must be mentioned over there. So the company will be able to
mentioned sufficient information about all ingredients of their drugs products which is review
effectiveness of the products in peoples health. The company need to make use of some areas by
which sufficient information about the influences and used of Dolen products on its consumer's
health (Gatto, 2011). So they will be able to sell their products in French market relevantly.
Apart from it, the business has to follow all instruction regarding to utilisation of information on
product's packaging and sufficient instruction must be mentioned over the packaging of Dolen
prodicts, which instruct its users about its users and prohibition while taking it.
(D) Beside from it, Medica pharmaceutical company is also facing other issues which is,
Medica would like to advertise its slimming drugs in Germany. However, they discover the
advertising of all such products is banned in Germany. Medica company is arguing that this
creates an unfair disadvantage to companies such as Medican. So it can be said that, the company
is focusing such a way and also wants to advertise their slimming drugs products in Germany.
The company need to make use of some areas by which sufficient amount of money can be
gained in order to sustain in our life in more sufficient manner. The company wants to give their
existing various types of slimming drugs in industry, so they need to follow the instruction of
legal provision of EU legal system, according to them, Medica pharmaceutical firm is well-
known for their quality of slimming drug products in market. The company wants to enter into
German market to selling their drugs products and services. Its legal provision defines that, from
the last few decades, the nation has banned on advertising of various types of slimming durngs
products in country (Alexander, 2016). So they cannot giver advertising of their drugs products,
as they want to increase their market share in industry. It has been seen that, all pharmaceutical
companies are working in Germany, but the country's authorities has been banned to advertising
of drugs products in the nation. Medica company is arguing that, the policy is unfair such kinds
of companies which is generating disadvantage for the firm. So it can be said that,there are
numbers of issues are facing by company in order to giving advertising within Germany in
regarding to promoting their products and services in country. Advertising in one of the best

approach for European Union legal system does not allow every company in Germany to giving
advertising of slimming drugs products, which is making negative impact in popularity of the
business in industry. Hence, it cam be said that, this is very negative policy of Germany country
to banned advertising of medial products, which make negative impact on productivity and
profitability of Medica company.
CONCLUSION
From the above analysis, it is concluded that, European Union has effective legal
structure in which various types of legal provision is given in different-different articles of law.
In addition to this, the report concludes about proper information regarding to legal system of the
EU concerning to discrimination act within the nation. Apart from it, there are several types of
cases about discrimination given and appropriate suggestions can be suggested to each one.
There must not be discrimination on ground of sex and other factors. In addition to it, the
assignment also concludes about several types of EU legal system which defines about
restriction on some medical services and drugs products are serving in industry. Its professionals
meed to ensure all legal provisions of EU mentioned in Germany.

REFERENCES
Books and Journals
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