EU Law (European Law) Problem Question - Directives?

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1. Consider the following hypothetical situation:

Circus visits in the National Circus of France in Paris, as well as in many regional circuses in other French towns, have fallen away disastrously since 2005.
Fictitious Directive 2006/100 provides in its preamble that European culture and entertainment in all its forms should be promoted and thus be accessible to all EU citizens.

The implementation date was 1 January 2009. Article 2 of the Directive provides that access to circuses and exhibitions should be free or reasonably priced to all European Union citizens.

In April 2009 the French authorities decide drastic measures are necessary to prevent closure of some of the circuses. The government issues a decree that all circuses in the country should take the following measures:

Circuses should charge entry fees which are high enough to make some impact on their finances, but exceptions should be made for French nationals under the age of 25 or over the age of 65, and for French unemployed, on production of documentary evidence of age or unemployment.

Guendalina, a Polish schoolteacher, takes a class of twenty 15-year-old schoolchildren from Warsaw on a trip to France. She wants to travel around with them, to show them as much of the country’s culture as possible, and given their young age, to entertain them. She decides to take them to the circus but she finds that her budget simply does not stretch far enough to pay the very high entry fee to the National Circus of France in Paris. She is sympathetic to the arguments presented to her: the money is urgently needed; she can see the difficult state of circuses in France and the small numbers of visitors. Nevertheless, she pleads with the circus director at least to make some concessions. The National Circus makes a small 1% reduction by way of a goodwill gesture.

Advise Guendalina under European Union law.


2. Consider the same hypothetical situation in Question 1 above.
Guendalina and the schoolchildren want to visit a privately owned circus that offers educational sessions with animals after a short show. They do not charge anyone under 25, in direct defiance of government policy instructions, and ask everyone above that age to pay a very modest entry fee. The initiative is a great success and the circus is very popular. Mr Rouge, the circus director, is severely reprimanded by the French government for his actions. He is told to close down the circus, and not to expect any state subsidies for the circus from now on.

Advise Mr Rouge under European Union law.