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Words: | Submitted: Mon Oct 06 2003
... resultant the firm for which Frankovich worked for went into liquadation and could not pay him his owed wages therefore Frankovich sued the state for his financial loss. These rights mentioned above may be claimed by an individual in relation to the state and related public bodies (vertical direct effect), this having the principle that a Member state cannot take advantage of its own failure to implement law, and to not comply with European law by not implementing a directive. However citizens of the member state may rely on the directive when bringin a claim against the state. This principle was used in the case of Gibson v East Riding of Yorkshire Council (1999). In the case Mrs Gibson was employed as a part-time swimming trainer and she did not recieve any paid holidays, but within the directive she was entitled to 4 weeks paid holiday from November 1996, so ...
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