Homewood: EU Law Concentrate 5e Chapter 2: Multiple choice questions Instructions Answer the following questions and then press 'Submit' to get your score. Question 1 What is meant by the 'supremacy' of EU law? a) Union citizens bringing claims in national courts must rely on any relevant provisions of EU law, rather than on relevant provisions of national law. b) The Court of Justice operates as a supreme court of appeal, with the power to overturn decisions of national courts. c) Decisions of the European Parliament bind national courts. d) EU law takes precedence over conflicting provisions of national law. Question 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 3 What is meant by 'vertically directly effective'? a) Describes a provision of EU law that can be invoked in the national court against the state or a public body. b) Describes a provision of EU law that can be invoked in the national court against an individual. c) Describes a provision of EU law that can be invoked by individuals in the ECJ. d) Describes a provision of EU law that can be invoked in the national courts of third countries. Question 4 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 5 Which principle requires that national law be interpreted in accordance with relevant EU law? a) State liability. b) Proportionality. c) Legitimate expectation. d) Indirect effect. Question 6 Which principle was established by the Court of Justice in Francovich? a) Indirect effect. b) State liability. c) Non-retroactivity. d) Direct effect. Question 7 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 8 Which case established state liability for a breach of EU law that did not entail the failure to implement a directive? a) Marshall. b) Foster. c) Von Colson. d) Factortame. Question 9 According to Factortame, what was the 'decisive test' for a 'sufficiently serious breach'? a) The Member State must have committed a breach of the Treaty. b) The Member State must have failed to provide an explanation for the breach. c) The Member State must have acted in an arbitrary manner. d) The Member State must have manifestly and gravely disregarded the limits on its discretion. Question 10 Following Factortame, the Court of Justice extended the scope of state liability. To what situation was it applied in BT? a) Incorrect interpretation of EU law by a national court of last instance. b) Incorrect implementation of a directive. c) An administrative breach. d) Failure to implement a directive.