Reference no: EM132800901

Information:

The (fictitious) Ballet Teachers Licensing Authority ('BLA') has the power to issue and remove ballet teachers' licences. Ballet teachers need a licence in order to teach ballet classes.

At the same time as the BLA was set up, the Ballet Teachers' Licensing Disputes Panel ('BLDP') was created by statute. It gives the BLDP the power to decide on disputes between ballet teachers and the BLA. If a ballet teacher is refused a licence, their only option is to attend a meeting with the BLDP to explain why they should be given a licence. The BLA does not attend, but gives its reasons for refusal in writing and the BLDP considers them.

The BDLP is made up of 2 former ballet teachers, 2 representatives from the BLA and a qualified lawyer

Assume there is an EU Regulation (the 'Age Regulation'), which prohibits age discrimination when deciding whether to issue a licence for ballet teachers.

The Age Regulation does provide licensing authorities with a defence if they can show that there are 'justifiable reasons' for age discrimination.

Beryl aged 45, has applied to the BLA for a licence to teach ballet. Her application has been rejected because the BLA believe Beryl is too old to teach ballet.

Beryl has heard about the Age Regulation and she wants to challenge the BLA's decision. She goes to the BLDP

The BLDP is considering whether to ask the ECJ what is meant by the words, 'justifiable reasons' in the Age Regulation. This is to determine whether the BLA has a defence and it can lawfully refuse to grant Beryl a licence.

It is possible to appeal against the decisions of the BLDP to the County Court?

• Explain whether the BLDP is a court of final instance (mandatory jurisdiction). If it is, it MUST make a reference to the ECJ.
• Alternatively, is it a court which is subject to appeal (permissive jurisdiction)? The decisions of this type of court can be appealed to a higher court. It MAY make a reference.

If you decide that the BLDP is a court with permissive jurisdiction, you should then explain whether you think it should make a reference. Refer to the ECJ guidance in your answer. Finally, you need to explain that the ECJ's decision or ruling is binding on all the national courts.