LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

LLB (Hons)
European Union Law

Formative (Practice)
Multiple Choice Test
Answers

LAW SCHOOL 1
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 1 3 marks

Which ONE of the following is the rationale provided by the Court of Justice in Ratti
(1979) for giving direct effect to directives?

The direct effect of directives is a necessary corollary of the supremacy of

A
EU law.

Direct effect is essential to prevent the rights conferred by directives from

B
being subverted.

A Member State should not be able to rely on its own failure to

C
perform the obligations which a directive entails.

Member States are obliged by the Treaty to take all appropriate measures
D
to ensure that Treaty obligations are fulfilled.

Question 2 3 marks

A decision can have direct effect against which ONE of the following?

A The State only.

B Private parties only.

C Both the State and private parties.

D The party to whom it is addressed.

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LAW SCHOOL 2
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 3 3 marks

In which ONE of the following cases did the Court of Justice first hold that a national
court would not be required to give indirect effect to a directive until the deadline for the
implementation of that directive had passed?

A Ratti (1979)

B Von Colson (1984)

C Marleasing (1990)

D Adeneler (2006)

Question 4 3 marks

Which ONE of the following statements concerning the principle of state liability is
INCORRECT?

The Court of Justice held in ex parte B.T. plc (1996) that the breach by
A
the United Kingdom gave rise to state liability.

The failure to take any steps to implement a Directive is automatically a

B
sufficiently serious breach.

The conditions in Francovich (1990) and Brasserie du Pêcheur (1996) have

C
been held to be the same in substance.

D A breach of EU law by a national court can give rise to state liability.

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LAW SCHOOL 3
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 5 3 marks

In which ONE of the following cases concerning direct effect did the Court of Appeal of
England and Wales decline to apply the full tripartite test?

A Foster v British Gas (No.2) (1991)

B Doughty v Rolls Royce Plc (1992)

C Griffin v South West Water Services Ltd (1995)

D N.U.T. v St Mary’s Junior School (1997)

Question 6 3 marks

Which ONE of the following will, in itself, prevent a national of a Member State from
being treated as a worker under EU law?

He is unemployed and wishes to reside in a Member State for the purpose

A
of seeking employment there.

The remuneration earned is less than is needed to support the person and
B
his family.

The activity is on such a small scale as to be regarded as marginal

C
and ancillary.

The work being undertaken forms a compulsory stage of training to be a

D
teacher.

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LAW SCHOOL 4
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 7 3 marks

For how long must a Union citizen normally have lived in the territory of the host
Member State to acquire the permanent right to reside there? Only ONE option is
correct.

A Five months

B Three years

C Five years

D Ten years

Question 8 3 marks

Which ONE of the following statements is INCORRECT?

Previous criminal convictions cannot in themselves constitute grounds for

A deporting a person who has a right of entry and residence under Directive
2004/38.
A spouse of a Union citizen who is no longer living with the Union
B
citizen but has not divorced will lose the right to residence.

A job seeker will not be considered a worker for the purpose of Article 7(2)
C
of Regulation 492/2011.

A nurse will not be considered to be in public service for the purposes of

D
Article 45(4) TFEU.

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LAW SCHOOL 5
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 9 3 marks

Under which ONE of the following circumstances will a person NOT 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?

She has involuntarily become unemployed and is obliged by market

A
conditions to undertake occupational retraining in another field of activity.

There is a relationship between the purpose of the studies and her

B
previous occupational activity.

She has previously undertaken employment which was ancillary to

C
her studies.

D She is currently in an employment relationship.

Question 10 3 marks

In which ONE of the following cases did the Court of Justice first declare that Union
citizenship “is destined to be the fundamental status of nationals of the Member
States”?

A Sala (1998)

B Grzelczyk (2001)

C Baumbast (2002)

D Bidar (2005)

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LAW SCHOOL 6
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 11 3 marks

Which ONE of the following will constitute a charge having equivalent effect to a
customs duty?

A charge for inspections of goods carried out to fulfil obligations imposed

A
on all Member States by an international treaty to promote free movement.

A charge levied to fund the cost of checking imported goods which was
B
also imposed using the same criteria on domestic products.

A charge which constitutes payment for a service rendered to the importer

C
of a sum in proportion to that service.

A charge imposed on imported goods for the sole purpose of

D
financing social security benefits for workers.

Question 12 3 marks

Products will be similar for the purpose of the first paragraph of Article 110 TFEU if they
fulfil which ONE of the following tests?

They have similar characteristics and meet the same needs from the
A
point of view of consumers.

They perform the same function and are substitutable from the perspective
B
of consumers.

C They are substantially alike in material respects on an economic analysis.

D They are in competition, even if only partially, indirectly or potentially.

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LAW SCHOOL 7
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 13 3 marks

In how many of the following cases was the measure held to be a lawful selling
arrangement?

 Tankstation (1994)

 Familiapress (1997)

 Gourmet International (2001)

 Herbert Karner (2004)

A One

B Two

C Three

D Four

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LAW SCHOOL 8
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 14 3 marks

Which ONE of the following cases established that the Article 36 derogation for the
protection of health and life of humans, animals or plants could apply to wider forms of
environmental protection?

A International Fruit Co NV v Produktschap voor Groenten en Fruit (1971)

B Campus Oil Ltd v Minister for Industry and Energy (1984)

C Commission v Denmark (Disposable Beer Cans) (1988)

D PreussenElektra AG v Schhleswag AG (2001)

Question 15 3 marks

Which ONE of the following principles was established by the Grand Chamber of the
Court of Justice in Commission v Italy (Italian Trailers)?

An indistinctly applicable MEQR can be justified by a mandatory

A
requirement.

B Selling arrangements fall outside the scope of Article 34 TFEU.

C Restrictions on the use of products can constitute an MEQR.

D Article 34 TFEU can apply to quasi-public bodies.

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LAW SCHOOL 9
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 16 3 marks

What is meant by a vertical agreement in the context of competition law? Only ONE
option is correct.

A An agreement between an undertaking and the State.

B An agreement which creates a hierarchy between undertakings.

An agreement between undertakings at different levels of trade or

C
industry.

An agreement involving a chain of relationships between several

D
undertakings.

Question 17 3 marks

Which ONE of the following is IRRELEVANT for determining whether or not there has
been demand substitution?

A Pricing.

B Physical characteristics.

C The intended use by consumers.

D The ease with which manufacturers can switch production.

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LAW SCHOOL 10
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 18 3 marks

The Court of Justice’s judgment in United Brands is an authority for several principles
concerning Article 102 TFEU. Which ONE of the following principles is it NOT an
authority for?

That predatory pricing can amount to an abuse of a dominant

A
position.

That a dominant position relates to a position of economic strength enjoyed

B
by an undertaking.

That the degree of vertical integration can be a relevant factor for

C
determining dominance.

That the relevant geographical market is the area where the conditions of
D
competition applying to the product are the same for all traders.

Question 19 3 marks

Which ONE of the following will NOT fall within the scope of Article 101 TFEU?

The unilateral adoption of a policy by one undertaking in the context

A
of its continuing business relations with other undertakings.

Co-ordination between undertakings which knowingly substitutes practical

B
cooperation between them for the risks of competition.

C An informal gentleman’s agreement between undertakings.

D A recommendation by a trade association to its members.

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LAW SCHOOL 11
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 20 3 marks

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 Société Technique Minière (1966)

B Pronuptia de Paris (1986)

C European Night Services (1998)

D Métropole Télévision (2001)

Question 21 3 marks

In Reyners (1974), Advocate General provided a definition of official authority for the
purpose of Article 51 TFEU. Which ONE of the following did NOT form part of that
definition?

Official authority implies duties designed to safeguard the general

A
interests of the state or of other public authorities.

Official authority implies the power of enjoying the prerogatives outside the
B
general law.

C Official authority implies powers of coercion over citizens.

D Official authority implies privileges of official power.

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LAW SCHOOL 12
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 22 3 marks

In which ONE of the following cases did the Court of Justice hold that there was NOT a
restriction on the freedom of establishment of a company?

A Daily Mail (1988)

B Centros (1999)

C Überseering (2002)

D Inspire Art (2003)

Question 23 3 marks

The following statements all concern the principle of the mutual recognition of
equivalent qualifications. Which ONE is CORRECT?

The principle is not applicable to qualifications obtained by a national of a

A
Member State in a non-EU State.

Practical experience acquired by the national of a Member State can

B
be taken into account.

C A national of a Member State cannot rely on the principle in her own State.

D The principle is only applicable to the freedom of establishment.

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LAW SCHOOL 13
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 24 3 marks

In which ONE of the following cases was Article 49 TFEU held to have horizontal direct
effect?

A Viking Line (2007)

B Gebhard (1995)

C Defrenne (1976)

D Reyners (1974)

Question 25 3 marks

Which ONE of the following conditions does NOT have to be fulfilled in order for a
restriction on the Freedom of Establishment to be justified by an imperative
requirement?

A The restriction must be suitable for attaining the objective.

B The restriction must be applied in a non-discriminatory manner.

C The restriction must fall within one of the grounds in Article 52 TFEU.

The restriction must not go beyond what is necessary to attain the

D
objective.

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LAW SCHOOL 14
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 26 5 marks

Each of the following four statements concerns a different area of EU law:

1) A sea port is capable of constituting a substantial part of the market for

the purpose of Article 102 TFEU.

2) A person who is not a Union citizen cannot acquire a right to permanent

residence.

3) The Säger test prohibits any restriction which is liable to prohibit or

otherwise impede the activities of a provider of services, even if it is
indistinctly applicable.

4) A campaign by a Member State to promote its own domestic goods has

been regarded as a measure having equivalent effect to a quantitative
restriction in violation of Article 34 TFEU.

How many of these statements are CORRECT?

A One

B Two

C Three

D Four

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LAW SCHOOL 15
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 27 5 marks

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 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 an adult.

B He will not have a right to reside as he is not a worker.

C He will not have a right to reside as he is not a Union citizen.

D He will have a right of residence as he is joining Mary-Anne.

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LAW SCHOOL 16
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 28 5 marks

The Spanish Film Industry has been suffering under an economic downturn. The
Spanish Government launches a campaign in Spain to promote films which are either
made in Spain or made by Spanish production companies. The Government defends
this on the basis of the importance of the film industry to Spanish arts and culture. Film
distributors from other Member States fear that there will be a reduction in demand for
their films in Spanish cinemas.

Which ONE of the following provides the best advice about the Spanish campaign?

A It is a lawful selling arrangement under EU law.

It is an unlawful measure having equivalent effect to a quantitative

B
restriction (MEQR).

C It is an MEQR but can be objectively justified as a mandatory requirement.

D It is an MEQR but can be justified on the basis of Article 36 TFEU.

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LAW SCHOOL 17
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 29 5 marks

Molecular Publishing Ltd is a book publisher in the UK. It has secured the rights to
publish a series of books to be known as the Dim-Light saga. It enters into an
agreement with Fleurbourg SA under which Fleurbourg SA will have the exclusive right
to distribute the French language edition of the books in France. It also enters into
similar agreements with other distributors in the other Member States.

Which ONE of the following will prevent the agreement with Fleurbourg SA from
benefitting from a block exemption under Regulation 330/2010?

A Fleurbourg SA has a 33% share of the French market.

B The agreement has not been approved by the Commission.

The agreement specifies that the maximum retail price for the book is to be
C
15 euros.

The agreement prohibits Fleurbourg SA from advertising the book to

D
customers in the other Member States.

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LAW SCHOOL 18
LLB (HONS) EU LAW FORMATIVE (PRACTICE) MULTIPLE CHOICE TEST

Question 30 5 marks

Elena is a Maltese national. She travelled to the Netherlands to have an abortion at a

private clinic. Whilst in the Netherlands, she was attacked and robbed. She applied to
the Dutch State Criminal Injuries Fund for compensation. Her claim was rejected as
she is not a Dutch national or resident in the Netherlands.

Which ONE of the following statements provides the best advice on whether or not
Elena is entitled under Article 56 TFEU to be compensated by the Dutch State Criminal
Injuries Fund?

She is not entitled to compensation under Article 56 as the provision of

A
compensation by the State does not qualify as a service.
She is not entitled to compensation under Article 56 as she was in the
B Netherlands to have an abortion. An abortion will not fall within the scope of
Article 56.
She is not entitled to compensation under Article 56 as the freedom to
C provide services does not include a right to travel to another Member State
to receive services provided there.
She is entitled to compensation under Article 56 on the same basis as
D Dutch nationals as they are not required to be resident in the
Netherlands.

END OF QUESTION PAPER

LAW SCHOOL 19