Homewood: EU Law Concentrate 5e Diagnostic test - where do I need to concentrate? Instructions Answer the following questions and then press 'Submit' to get your score. Question 1 Chapter 1. How would you describe the structure of the European Union, as set up by the Treaty on European Union 1992? a) A structure incorporating national parliaments b) A two-pillar structure c) A three-pillar structure d) A structure incorporating the European Court of Human Rights Question 2 Chapter 1. What is meant by 'subsidiarity'? a) Decisions or action taken at Union level b) Decisions or action taken at national level c) The relationship between national law and Union law d) Where decisions or action are taken at Union level, rather than at national, regional, or local level, this must be justified Question 3 Chapter 1. What is meant by the 'legal base' of an EU measure? a) The draft measure proposed by the European Commission b) The Treaty article conferring the power to legislate in a particular area c) The Council's decision to adopt a EU measure d) The approval of a measure by the European Parliament Question 4 Chapter 2. What is meant by the 'direct effect' of an EU provision? a) The provision takes precedence over provisions of national law. b) No implementation is required. c) Individuals can rely on the provision in the national court. d) The provision is binding on national courts from the date of its adoption. Question 5 Chapter 2. In the context of direct effect, which test has been formulated by the Court of Justice to identify a 'public body' or 'emanation of the state? a) The Francovich test. b) The Factortame test. c) The litmus test. d) The Foster test. Question 6 Chapter 2. In which situation can Francovich liability arise? a) The Member State has failed to implement a directive. b) The Member State has opposed the adoption of a directive. c) The Member State has opposed the adoption of a regulation. d) The Member State has failed to ratify a Treaty. Question 7 Chapter 3. How have the national courts tended to interpret 'acte clair'? a) More loosely than CILFIT requires. b) According to its meaning under French administrative law. c) According to its meaning as enunciated in CILFIT. d) More rigorously than CILFIT requires. Question 8 Chapter 3. Which courts have a discretion to refer under Article 267(2)? a) Only national courts of final appeal. b) Only national courts of first instance. c) Any national courts. d) Only national courts of appeal and final appeal. Question 9 Chapter 3. What principle was established in Da Costa? a) A previous ruling of the Court of Justice removes the obligation of a court of last resort to refer, where the facts and questions of interpretation are identical. b) A previous ruling of the Court of Justice does not remove the obligation of a court of last resort to refer, even where the facts and questions of interpretation are identical. c) A previous ruling by the Court of Justice on the same question precludes a reference by a national court. d) A previous ruling by a higher national court on the same question precludes a reference by a national court. Question 10 Chapter 4. What kind of action may be brought under Article 258 TFEU? a) Action for annulment. b) Action for damages against an EU institution. c) Enforcement action against a Member State. d) Action under the third pillar of the Treaty on European Union. Question 11 Chapter 4. What is meant by 'locus standi'? a) The grounds of challenge. b) The act under challenge. c) The 'standing' or right to bring proceedings. d) The jurisdiction of the General Court in relation to Article 263 actions. Question 12 Chapter 4. Which of the following statements is correct? a) The Article 340 action provides for the award of damages against a Member State which has committed a sufficiently serious breach of EU law. b) The Article 340 action is not an independent form of action, so an applicant must first secure annulment under Article 263 TFEU. c) The Article 340 action provides for annulment of acts of the EU institutions. d) The Article 340 action is an independent form of action, so an applicant need not first secure annulment under Article 263. Question 13 Chapter 5. When is a national internal taxation system indirectly discriminatory? a) When it taxes imported goods at a higher rate than similar domestically-produced goods on the basis of their origin. b) When it allows deferment of payment of tax for domestically-produced goods but not for imported goods. c) When it taxes imported goods but not domestically-produced goods. d) When it taxes imported and domestically-produced goods equally but its effect is to disadvantage imports. Question 14 Chapter 5. How is an 'indistinctly applicable' MEQR defined? a) A measure that applies equally to imported and domestic products. b) A measure that does not apply equally to domestic and imported products. c) A directly effective measure. d) A measure that is of individual concern to the applicant. Question 15 Chapter 5. Which case set out the rule that certain 'selling arrangements' do not fall within the Dassonville formula? a) Walter Rau. b) Commission v UK (Origin Marking of Goods). c) Keck. d) Plaumann. Question 16 Chapter 6. How has Directive 2004/38 extended the scope of 'family member'? a) By including all descendants, irrespective of their age. b) By including persons who wish to reside with the Union citizen in the host state. c) By including 'registered partners'. d) By including persons who are defined as 'family members' by the legislation of the host state. Question 17 Chapter 6. Which secondary legislation elucidates the scope of 'public policy, public security or public health'? a) Regulation 492/2011. b) Directive 70/50. c) Regulation 2790/99. d) Directive 2004/38. Question 18 Chapter 6. Which provision of Directive 2004/38 sets out the scope of the public policy and public security grounds? a) Article 2. b) Article 27. c) Article 39. d) Article 43. Question 19 Chapter 7. What does Article 101(1) prohibit? a) Anti-competitive arrangements between undertakings. b) Abuse of market power by dominant undertakings. c) State subsidies. d) Measures having equivalent effect to quantitative restrictions. Question 20 Chapter 7. What assessment does Article 101 (3) entail? a) An assessment of the pro- and anti-competitive effects of an agreement. b) Whether an agreement is de minimis. c) Whether an agreement affects trade between Member States. d) An assessment of the aggregate market share of the undertakings concerned. Question 21 Chapter 7. What criticism was levied against the European Commission before the adoption of Regulation 2790/99 (which has now been replaced with Regulation 330/2010? a) That the Commission adopted too liberal an approach to breaches of Article 101 (1). b) That the Commission was too lenient towards the anti-competitive behaviour of large undertakings. c) That the Commission tended to condemn vertical restraints without adequate analysis of their potentially beneficial effects. d) That the Commission imposed disproportionate fines on undertakings found to be in breach of the competition rules. Question 22 Chapter 8. What does Article 102 TFEU prohibit? a) Anti-competitive agreements between undertakings. b) Agreements between undertakings operating at different levels of the production/distribution chain. c) Abuse of a dominant position within the internal market. d) Agreements between undertakings operating at the same level of the production/distribution chain. Question 23 Chapter 8. What does supply substitutability concern? a) The capacity of other producers to increase production. b) The capability of other producers to supply substitutable products. c) The efficiency of distribution networks. d) Consumer perception of similar products. Question 24 Chapter 8. How might predatory pricing be characterized? a) As an exploitative abuse. b) As an anti-competitive abuse. c) As an indicator of dominance. d) As a feature of the relevant product market.