EU Practice Questions

Card Set Information

Author:
amy.crosby
ID:
202500
Filename:
EU Practice Questions
Updated:
2013-02-22 06:48:13
Tags:
EU law
Folders:

Description:
MCT practice questions
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user amy.crosby on FreezingBlue Flashcards. What would you like to do?


  1. Which two of the following sources of law are directly applicable?

    a) Treaties.
    b) Regulations.
    c) Directives.
    d) Decisions.
    Answer = (a) and (b)

    Treaties and Regulations are directly applicable
  2. The case of Van Gend en Loos established which one of the following principles of EU law?

    a) The principle of subsidiarity.
    b) The principle of direct applicability.
    c) The principle of direct effect.
    d) The principle of proportionality.
    Answer = (c)

    Van Gend en Loos established the principle of direct effect
  3. Which one of the following cases is the authority for the preposition that a directive may only have direct effect against the state?

    a) Ratti.
    b) Franz Grad.
    c) Marshall.
    d) Dori.
    Answer = (c) Marshall

    A directive can only have a direct effect against the state.
  4. In which one of the following cases did the Court of Justice first hold that a national court would not be able to give indirect effect to a directive until the deadline for the implementation of the directive had passed?

    a) Von Colson.
    b) Lister.
    c) Marleasing SA.
    d) Adeneler.
    Answer = (d) Adeneler


    A national court would not be able to give indirect effect to a directive until the deadline for implementation had passed.
  5. Which one of the following is the principle of state liability primarily designed to achieve?

    a) To put the individuals in the position they would have been in had the directive been implemented.
    b) To compensate individuals for the loss they have suffered as a result of a failure by the Member State to fulfil obligations under European law.
    c) To punish the Member State.
    d) To force the Member State to change law.
    Answer = (b) To compensate individuals for the loss they have suffered as a result of a failure by the Member State to fulfil obligations under European law.
  6. For what period does EU protection from dismissal for a pregnant woman last?

    a) One year.
    b) During pregnancy only.
    c) During pregnancy and maternity leave.
    d) During pregnancy, maternity leave and any longer period covering any illness
    originating from pregnancy which continues after maternity leave has ended.
    Answer = (c) During pregnancy and maternity leave
  7. For how long must a Union citizen have lived in the territory of the host state to acquire the permanent right to reside there?

    a) Five months.
    b) Three years.
    c) Five years.
    d) Ten years.
    Answer = (c) Five years
  8. Which one of the following statements is incorrect?

    a) A person who is not a Union citizen but who is married to a Union citizen will lose their right to reside in a Member State once they have permanently separated from the Union citizen.
    b) A job seeker will not be considered a worker for the purpose of article 7(2) of Regulation 492/2011.
    c) A nurse will not be considered to be in public service for the purposes of Article 45(4) TFEU.
    d) Previous criminal convictions cannot in themselves constitute grounds for deporting a person who has a right of entry and residence under Directive 2004/38.
    Answer = (a)
  9. What must a person giving up their employment voluntarily to undertake a course of study do to qualify under article 7(2) of Regulation 492/2011 for rights to maintenance and training grants which are available to nationals of the host member state?  (Only one option is correct)

    a) Show a link between their previous employment and their later studies.
    b) Only undertake courses recommended by their recent EU employer.
    c) Be able to demonstrate how their studies would later benefit their employment in the host Member State.
    d) Persons leaving their employment voluntarily cannot continue to benefit from maintenance and training grants.
    Answer = (a)

    Under Article 7(2) of Regulation 492/2011 a person giving up employment voluntarily to study must show a link between their previous employment and their later studies to qualify for rights to training and maintenance grants.
  10. Which one of the following cases provided that indirect sex discrimination can be justified if the measure corresponds to a real need of the undertaking?

    a) Jenkins v Kingsgate (Clothing Productions)
    Ltd.
    b) Bilka Kaufhaus.
    c) Sirdar v The Army Board.
    d) Barber v Guardian Royal Exchange Assurance Group.
    Answer = (b) Bilka Kaufhaus


    Indirect sex discrimination can be justified if the measure corresponds to a real need of the undertaking.
  11. In Commission v Germany (Animal Inspections), the Court of Justice listed three types of charge which case law had already established would escape being classified as having equivalent effect to a customs duty. Which one of the following is NOT in that list?

    a) A charge attached to inspections carried out to fulfil obligations imposed by EU law.
    b) A charge constituting payment for a service rendered.
    c) A charge relating to a general system of internal dues.
    d) A charge providing charitable contributions.
    Answer = (d)
  12. Products will be similar for the purpose of the first paragraph of Article 110 TFEU if they fulfil which one of the following tests?

    a) They have similar characteristics and meet the same needs from the point of view of consumers.
    b) They perform the same function and are substitutable from the perspective of consumers.
    c) They are in competition, even if only partially, indirectly or potentially.
    d) They are substantially alike in material respects on an economic analysis.
    Answer = (a) 

    Products are similar for the purpose of Art 110 TFEU if they have similar characteristics and meet the same needs from the point of view of consumers.
  13. Which one of the following cases concerns a distinctly applicable measure equivalent to quantitative restriction (MEQR)?

    a) Walter Rau.
    b) Verein v Mars GmbH.
    c) Commission v Denmark (Disposable Beer
    Cans).
    d) Commission v Ireland (Irish Souvenirs).
    Answer = (d) Commission v Ireland (Irish Souvenirs)


  14. In which one of the following cases was a ban on hardcore pornography entering the UK
    held to be justifiable under Article 36 TFEU?

    a) R v Royal Pharmaceutical Society of Great
    Britain.
    b) R v Thompson.
    c) R v Henn and Darby.
    d) Conegate v HM Customs and Excise Commissioners.
    Answer = (c) R v Henn and Darby
  15. Which one of the following cases does NOT concern Article 34 TFEU?

    a) Keck and Mithouard.
    b) Herbert Karner.
    c) Tankstation.
    d) Bresciani.
    Answer = (d) Bresciani

    Article 34 TFEU  concerns quantitative restrictions on imports and all measures having equivalent effect.
  16. Regulation 330/2010 allows what sort of 'safe harbour' to be given to certain anti-competitive agreements? (Only one option is correct)

    a) Block exemption.
    b) Comfort Letter.
    c) Allowance of hard core restrictions.
    d) Reference to the General Court.
    Answer = (a)

    Regulation 330/2010 allows block exemption to be given to certain anti-competitive agreements.
  17. Which one of the following is irrelevant for determining whether or not there has been demand substitution?

    a) Pricing.
    b) Physical characteristics.
    c) The ease with which manufacturers can switch production.
    d) The intended use by consumers.
    Answer = (c)

    • Demand substitution will consider:
    • - pricing
    • - physical characteristics
    • - intended use by consumers
  18. Parties seeking to apply Article 101(3) TFEU to an agreement have to notify the Commission in order to be granted an individual exemption.

    a) True.
    b) False.
    Answer = (b)

    False: parties seeking to apply Article 101(3) TFEU to an agreement do NOT have to notify the Commission to be granted an individual exemption.
  19. Which one of the following constituted the principal abuse committed by Microsoft resulting in what was, at the time, a record breaking fine?

    a) Bid rigging.
    b) Refusal to supply.
    c) Bundling.
    d) Predatory pricing.
    Answer = (c)

    Microsoft received a record breaking fine principally for bundling
  20. In which one of the following cases did the Court of First Instance deny that there was a rule of reason defence to article 101(1) TFEU?

    a) Pronuptia de Paris.
    b) Société Technique Minière.
    c) Métropole Télévision.
    d) Meca-Medina v Commission.
    Answer = (c)

    Métropole Télévision established rule of reason defence to Article 101
  21. The right of Freedom to Provide Services is contained in which one of the following Articles?

    a) 48.
    b) 49.
    c) 55.
    d) 56.
    Answer = (d)

    The right of Freedom to Provide Services = Article 56
  22. In which one of the following cases did the Court of Justice consider whether or not education is a service?

    a) Centros Ltd v Erhvervs - og Selskabsstyrelsen.
    b) Kohll v Union des Caisses de Maladie.
    c) Belgium v Humbel.
    d) R (Watts) v Bedford Primary Health Care Trust.
    Answer = (c)

    Belgium v Humbel considered whether education is a service
  23. What type of direct effect does the right to Freedom of Establishment have before national courts?

    a) Vertical direct effect.
    b) Horizontal direct effect.
    c) Vertical and horizontal direct effect.
    d) Neither vertical nor horizontal direct effect.
    Answer = (c)

    Vertical and horizontal direct effect.
  24. Which one of the following applies when an individual has obtained qualifications in a state outside of the EU?

    a) The fact that one Member State has accepted the equivalence of an individual's qualifications does not mean that other Member States are also bound to accept that equivalence.
    b) The individual must be an EU national and must have at least three years certified professional experience in a Member State which has chosen to recognise that qualification.
    c) Non EU nationals have no general rights of mutual recognition or permission to
    practise even if they have received the same education and training as EU nationals.
    d) All of the above.
    Answer = (d)
  25. A derogation from the right to Freedom of
    Establishment is permissible in respect of which of the following?

    a) On the ground of public health.
    b) On the ground of public policy.
    c) On the ground of public security.
    d) All of the above
    Answer = (d)
  26. Sam is an American citizen. He is nineteen years of age. His mother, Mary-Anne, has been living in the France for several years and has now been granted French citizenship. She has now moved to the United Kingdom where she is working as an accountant. Sam wishes to join her in the United Kingdom. He intends to remain for at least a year and to seek employment. Which one of the following provides Sam with the best advice as to whether or not he will have his desired right to residence under EU law for that period of time?

    a) He will not have a right to reside as he is not an Union citizen
    b) He will not have a right to reside as he is an adult.
    c) He will not be have a right to reside as he is not a worker.
    d) He will have a right of residence as he is joining his mother.
    Answer = (d) He will have a right of residence as he is joining his mother.

    — See Article 7(2) of Directive 2004/38
  27. Imagine that the EU adopted Directive 987/2009. One of its provisions requires employers to provide helmets to all employees who use bicycles in the course of their work. 
    The date for implementation is 7th December 2011. 
    At the time that the Directive was adopted,
    the UK already had legislation requiring employers to provide employees who use
    motorcycles with a crash helmet. It takes no further steps to implement the Directive.
    Chris works as a postman for Royal Mail. On 8th November 2011, he fell off his bicycle whilst delivering mail and sustained a head injury requiring him to stay in hospital for 6 weeks. His employer had not provided him with a helmet. Consider the following
    methods of enforcing EU law:

    • Direct Effect
    • Indirect Effect
    • State Liability

    How many of these methods will Chris be able to rely upon to claim damages for his injury?
    a) None
    b) One
    c) Two
    d) All three
    Answer = (a) — The implementation deadline had not passed when the accident happened
  28. Imagine that legislation has been enacted in the United Kingdom for the purpose of keeping accurate records of all imports and export of antiquities. The legislation imposes a levy of 50p per item on all exports and imports of antiquities to finance this.
    The data collected will be used to
    combat smuggling and the trade in fake antiquities. It will also be available
    to any importers and exporters. Assume that there is no EU secondary legislation governing this.  Which one of the following provides the best description of the legality of the levy under Article 30 TFEU?

    a) The levy is unlawful.

    b) The levy is lawful because it is too small to have any appreciable effect on the free movement of goods.

    c) The levy is lawful because it applies equally to foreign goods being imported and
    domestic goods being exported.

    d) The levy is lawful because it is a charge for a service provided to the importers and exporters as the collected data is made available to them and, in any event, they benefit from the collected data being used to combat smuggling and the trade in fake antiquities.
    Answer = (a) — See Commission v Italy (Statistical Levy)

What would you like to do?

Home > Flashcards > Print Preview