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Questions

Study plan
The following questions will help to test your current knowledge of all areas of EU Law and will give you an indication of the main chapters in the book where you may need to study further to improve your knowledge. However, it is recommended that you do still review those chapters where you attained a pass.
There are two versions of the study plan available; the first contains questions covering the entire book and can, therefore, be somewhat lengthy to complete in one sitting, and the second has the same set of questions split up to cover a range of chapters, which allows you to take several shorter quizzes at different times. Both versions of the study plan questions are exactly the same so just choose one set based on your preference.

The founding treaty for the EC is commonly referred to as:

Treaty of Maastricht
Treaty of Lisbon
Treaty of Nice
Treaty of Rome

European Directives are both horizontally and vertically effective.

True
False

Which of the following principles comes from the case of Publicco Ministero v Ratti?

A directive can only be enforced against the State
A directive, to be enforceable, must give clearly identifiable rights to individuals
In order to enforce a directive, the time limit for implementation must have passed

The principle from von Colson v Land Nordrhein-Westfalen allowing existing national laws to be interpreted in line with EC law is called:

vertical effect.
horizontal effect.
State liability for non-implementation.
indirect effect.

In McCarthy’s v Smith, Lord Denning treated EU law as being supreme, and an overriding force.

True
False

Which Institution has the responsibility for representing Member States’ governments in the EU?

European Court of Justice
European Commission
Council of Ministers
European Parliament

European legislation is always drafted by:

European Parliament
European Council
Council of Ministers
European Commission

The power to remove all Commissioners by the European Parliament is referred to as the power of _______?

regulation
censure
dismissal
supervision

The final decision on legislation is generally made by the Council of Ministers.

True
False

The European Court of Justice is intended to be a general appeal court from national court systems.

True
False

The Commission has an obligation to take action under Article 258 in all cases.

True
False

Which Institution has responsibility for taking action under Article 258?

European Court of Justice
European Commission
Council of Ministers
European Council

In the Re: Tachographs case, procedural, political, social and domestic problems were a valid defence to breach of Article 258.

True
False

An Article 259 action can also be brought by a private individual.

True
False

In case 77/69 Commission v Belgium, the Belgian government was not held liable for the breach by the Belgian Parliament.

True
False

Which of the following is not a member of the ‘privileged applicant’ group under Article 263?

Commission
Member States
Private individuals
Parliament

If an act is not addressed to an individual, they may only challenge it if it is of ________ to them.

particular relevance
interest
specific applicability
direct and individual concern

According to the case of Plaumann v Commission, in order to challenge under Article 263, an individual must be part of a fixed, closed class.

True
False

Under Article 230(5), what is the time limit for an Article 230 action to be taken?

5 months
2 months
5 weeks
1 year

Regulations are of general application and so are not normally challengeable by individuals.

True
False

Which of the following is not part of the ECJ’s role under Article 267?

Interpretation of the Treaty
Application of the law to difficult cases referred from national courts
Validity and interpretation of acts of the Institutions, bodies, offices or agencies of the Union

According to the case of Nordsee Hochseefischerei, an arbitrator falls within the definition of court or tribunal.

True
False

Under Article 267(2), who makes the decision to refer questions to the ECJ?

The parties to the case
The ECJ
The national court
The ECJ and the national court

In deciding whether a court is a court of last instance under Article 267(3), which of the two theories is preferred by the ECJ?

Abstract theory
Neither
Concrete theory

The best way to describe the intended nature of the relationship between the ECJ and the national court under Article 267 is:

subservient.
dictatorial.
cooperative.
antagonistic.

What is prohibited by Article 34?

Quantitative restrictions on imports
Quantitative restrictions and measures equivalent to quantitative restrictions (MEQRs) on imports
Measures equivalent to quantitative restrictions (MEQRs) on imports
Customs duties between Member States

What are indistinctly applicable measures under Article 34?

Those applying only to exports
Those applying to imports and domestic products
Those applying to exports and domestic products
Those applying only to imports

What is defined in Directive 70/50, Article 2(3)?

Indistinctly applicable measures
MEQRs
Quantitative restrictions
Distinctly applicable measures

The restriction placed upon all Cassis in the Cassis de Dijon case in the name of public health was not proportionate and a breach of Article 34.

True
False

What was the effect of the Keck & Mithouard case on the approach to MEQRs?

It liberalised it
It made it stricter
It left the rules up to the Member States
It stayed the same

Article 45 guarantees freedom for:

persons.
workers’ families.
services.
workers.

Which of the following is not a ground for restriction of the rights in Article 45?

Public health
Public policy
Public security
Public safety

Under Article 24(2) of Directive 2004/38, how long can Member States justifiably withhold social assistance?

4 months
3 months
6 weeks
6 months

Under Article 2(2) of Directive 2004/38, which family members are not amongst those entitled to move to another Member State with the worker?

Non dependent children of the worker & spouse over 21
Dependants under 21 of the worker & spouse
Ascendants of the worker & spouse in the direct family line

When will criminal convictions justify exclusion on grounds of public policy?

Where they are socially harmful and sufficiently current
Where they are not ‘spent’ convictions
Always
Never

What does Article 101 prohibit?

Decisions by undertakings
Agreements between undertakings
Concerted practices
All of the above

What is meant by ‘undertakings’?

Private individuals
Courts of Member States
Member states
EU institutions

According to the decision in Suiker Unie, it is necessary to have a specific undertaking or written agreement in order for there to be a ‘concerted practice.’

True
False

Can Article 101 apply to vertical agreements or horizontal ones?

Horizontal and vertical
Vertical only
Horizontal only

According to the United Brands case, what is the definition of a dominant position under Article 102?

Where other competitors fear you
Where you have more than 50% of the market
Where you have the highest percentage of market share, even if that is below 50%
Where you can hinder effective competition and act independently of rivals