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European Union

European Union
Please when answering focus on indirect and direct effect topic and also the francovich damages, please also add articles relevant and statutes, and case law please include all.

SECTION A (seen question):
1. The following events, names and legislation, both European and domestic, are all fictitious.

Council Directive 2014/ABC on Rights of Air Passengers for Delayed Flights (‘the Directive’) was purportedly implemented in the United Kingdom by the Air Passenger Rights for Delays Regulations 2015 (‘the Regulations’), which entered into force on 1 September 2015.

The Directive was required to be implemented no later than 1 October 2015.

The Directive requires airlines to provide assistance to passengers during delays. This includes providing catering and overnight accommodation if necessary. If a delay extends beyond seven hours, passengers have the right to a refund if they choose not to travel. If a flight is cancelled passengers should be offered alternative flights. Where these are unacceptable a full refund should be provided, and where passengers experience considerable inconvenience and discomfort during the delay they are entitled to further compensation.

Under the Directive, the compensation scheme is expressly stated to extend to delays caused by technical problems. However, the Air Passenger Rights for Delays Regulations 2015 state that delays caused by technical problems are beyond the control of airlines and therefore legitimately exempt from the scheme. The UK Government reluctantly agreed to this exception in the domestic legislation at the

On 2 January 2016, Brandon was supposed to travel from London to Rome with Anglo Airways Ltd, an airline company, which operates to facilitate airline travel between European Union Member States. Anglo Airways Ltd receives 30% of its funding from the UK Government. In return for this, three of the Board of Directors are appointed by the UK Department of Transport. Brandon’s plane was delayed for 8 hours and later cancelled altogether due to technical problems with the engine. Within the 8 hour delay period, Brandon received no food or drink from the airline and suffered considerable discomfort as the airport was crowded. Anglo Airways Ltd is refusing to pay for his overnight accommodation and will not refund the cost of the ticket on the basis that the delay and cancellation were due to technical problems beyond their control.

(1) Can Brandon use direct effect to enforce the terms of the Directive against Anglo Airways Ltd?
(2) Would it be advisable for Brandon to rely on indirect effect of the Directive?
(3) Is a claim by Brandon for Francovich damages likely to be the most appropriate remedy and is it likely to succeed?