Chapter 3

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Question 1 of 20
1. Which of the following statements is untrue?
- The primary purpose of a preliminary ruling is to ensure uniformity of interpretation of EU law throughout the Union
- Preliminary rulings are binding on national courts
- The ECJ has the jurisdiction to consider the validity of the Treaties and acts of the institutions under Art 267 TFEU
- Correct. Feedback: The ECJ has the jurisdiction to consider the validity of the Treaties and acts of the institutions under Art 267 TFEU. The Treaty Article does not give the ECJ jurisdiction to challenge the validity of the Treaties.
- Incorrect. Feedback: The ECJ has the jurisdiction to consider the validity of the Treaties and acts of the institutions under Art 267 TFEU. The Treaty Article does not give the ECJ jurisdiction to challenge the validity of the Treaties.
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Question 2 of 20
2. What kind of action may be brought under Art 263 TFEU?
- Actions for annulment
- Actions against Member States for failure to act
- Actions in contract against the EU Institutions
- Correct. Feedback: Actions for annulment. This is also known as judicial review. Action against member states may be brought before the ECJ under Arts 258 & 259 TFEU, while actions in contract are considered under Art 340 TFEU.
- Incorrect. Feedback: Actions for annulment. This is also known as judicial review. Action against member states may be brought before the ECJ under Arts 258 & 259 TFEU, while actions in contract are considered under Art 340 TFEU.
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Question 3 of 20
3. What test was set out in the case Plaumann?
- The test for direct concern
- The test for whether a Member State has the necessary standing (locus standi) to challenge acts of the EU Institutions
- The test for individual concern
- Correct. Feedback: The test for individual concern. This test is normally applied when a natural or legal person wishes to make a challenge under Art 263 TFEU.
- Incorrect. Feedback: The test for individual concern. This test is normally applied when a natural or legal person wishes to make a challenge under Art 263 TFEU.
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Question 4 of 20
4. What is meant by the 'legal base' of a Union measure?
- Draft legislation proposed by the European Commission
- The Council providing assent for a Union measure
- The Treaty article that confers the power to legislate in a particular area
- Correct. Feedback: The Treaty article that confers the power to legislate in a particular area. The European Union only has the competence (power) to act in areas where the Treaties have given it such authority.
- Incorrect. Feedback: The Treaty article that confers the power to legislate in a particular area. The European Union only has the competence (power) to act in areas where the Treaties have given it such authority.
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Question 5 of 20
5. Which of the following statements is untrue?
- It has been left to the Member States' discretion to decide which national courts will be appropriate to hear an action founded on EU law.
- The European Court of Justice has provided that that all domestic courts must harmonise their court processes and procedures when hearing actions founded on EU law.
- National courts must not make it excessively difficult to obtain a remedy for breach of EU law.
- Correct. Feedback: The European Court of Justice has provided that all domestic courts must harmonise their court processes and procedures when hearing actions founded on EU law.
- Incorrect. Feedback: The European Court of Justice has provided that all domestic courts must harmonise their court processes and procedures when hearing actions founded on EU law.
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Question 6 of 20
6. What is the test for demonstrating whether a breach of EU law by a Member State is 'sufficiently serious' to allow a claim for damages to be made against that State?
- A Member State must have committed a breach of its obligations under the Treaty.
- A Member State must have manifestly and gravely disregarded the limits on its discretion.
- A Member State must have failed to comply with the obligations provided in a directive.
- Correct. Feedback: A Member State must have manifestly and gravely disregarded the limits on its discretion. This was set out in joined Cases Brasserie du Pecheur and Factortame.
- Incorrect. Feedback: A Member State must have manifestly and gravely disregarded the limits on its discretion. This was set out in joined Cases Brasserie du Pecheur and Factortame.
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Question 7 of 20
7. What is the best definition of Acte Clair?
- This concerns an action for a preliminary ruling.
- A MS may cite an Act of God as a defence.
- A clear point of law which does not need to be referred.
- Correct. Feedback: This approach allows the court to concentrate on new questions of law.
- Incorrect. Feedback: This approach allows the court to concentrate on new questions of law.
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Question 8 of 20
8. What does the phrase force majeure mean?
- An event beyond the control of the MS
- A deliberate act by the MS
- An action by the Commission to force the MS to act in line with EU law
- Correct. Feedback: This is an event beyond the control of the MS and acts as a defence to an Art 258 TFEU action.
- Incorrect. Feedback: This is an event beyond the control of the MS and acts as a defence to an Art 258 TFEU action.
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Question 9 of 20
9. Which of the following is not regarded as an essential procedural requirement under EU law?
- Right to be heard
- Duty to consult
- Funding for applicants
- Correct. Feedback: The answer is C as there is no procedural requirement to provide funding for JR actions.
- Incorrect. Feedback: The answer is C as there is no procedural requirement to provide funding for JR actions.
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Question 10 of 20
10. What will follow the delivery of a reasoned opinion under Art 258 TFEU?
- The Court will deliver their judgment
- The member state acts
- A time limit is set for MS action
- Correct. Feedback: The MS has a warning and a time period within which they must respond; then the CJEU may act.
- Incorrect. Feedback: The MS has a warning and a time period within which they must respond; then the CJEU may act.
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Question 11 of 20
11. Which of the following statements is correct?
- The principle of direct effect is set out in the EC Treaty.
- The principle of direct effect applies both vertically and horizontally.
- The principle of direct effect means that Community law is automatically applicable in the legal orders of all the Member States.
- Correct. Feedback: B is the correct answer. The principle of direct effect can apply both vertically and horizontally to Treaty provisions, but directives only have vertical direct effect. A is wrong because the principle has been created by the ECJ and C refers to direct applicability.
- Incorrect. Feedback: B is the correct answer. The principle of direct effect can apply both vertically and horizontally to Treaty provisions, but directives only have vertical direct effect. A is wrong because the principle has been created by the ECJ and C refers to direct applicability.
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Question 12 of 20
12. What is meant by the 'supremacy' of Union law?
- Parties bringing claims in a national court must rely on national law.
- Where a party brings a claim in a national court, that party may challenge the decision of that court before the European Court of Justice.
- Where there is conflict between domestic law and European Union law, EU law must take precedence.
- Correct. Feedback: Where there is conflict between domestic law and European Union law, EU law must take precedence. Authority for this can be found in Costa v ENEL.
- Incorrect. Feedback: Where there is conflict between domestic law and European Union law, EU law must take precedence. Authority for this can be found in Costa v ENEL.
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Question 13 of 20
13. What is meant by the term 'direct effect' of Union law?
- Union law must be enforced before the European Court of Justice.
- Union law gives rights and obligations to both individuals and Member States, which may be enforced by national courts.
- Union law may only be enforced against Member States.
- Correct. Feedback: Union law gives rights and obligations to both individuals and Member States, which may be enforced before national courts. Authority for this can be found in Van Gend En Loos.
- Incorrect. Feedback: Union law gives rights and obligations to both individuals and Member States, which may be enforced before national courts. Authority for this can be found in Van Gend En Loos.
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Question 14 of 20
14. Which of the following definitions best describes the principle of 'direct applicability'?
- That the measure in question is a form of secondary legislation
- That the measure in question grants rights to individuals which can be enforced in national courts
- That the measure in question automatically forms part of national law
- Correct. Feedback: C is correct as directly applicable law forms part of the law of the national states without the need for implementation by those states.
- Incorrect. Feedback: C is correct as directly applicable law forms part of the law of the national states without the need for implementation by those states.
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Question 15 of 20
15. Which of the following are directly applicable?
- Treaties
- Directives
- Opinions
- Correct. Feedback: Of the three stated, only Treaties (along with Regulations) are capable of having immediate effect within member states.
- Incorrect. Feedback: Of the three stated, only Treaties (along with Regulations) are capable of having immediate effect within member states.
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Question 16 of 20
16. In which case did the ECJ establish the principle of direct effect?
- Van gend en Loos v Nederlandse Administratie der Belastingen
- Van Duyn v Home Office
- Costa v ENEL
- Correct. Feedback: Van Gend en Loos is the correct case. Van Duyn concerned the direct effect of directives and Costa concerned EU supremacy.
- Incorrect. Feedback: Van Gend en Loos is the correct case. Van Duyn concerned the direct effect of directives and Costa concerned EU supremacy.
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Question 17 of 20
17. When the ECJ first articulated the doctrine of direct effect did the ruling concern?
- A Treaty Article
- A Directive
- A Regulation
- Correct. Feedback: The case of Van Gend en Loos concerned the Article relating to free movement of goods and customs duties.
- Incorrect. Feedback: The case of Van Gend en Loos concerned the Article relating to free movement of goods and customs duties.
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Question 18 of 20
18. Which case established that Treaty Articles could impose a positive obligation on MS to act?
- Van Gend en Loos v Nederlandse Administratie der Belastingen
- Lutticke (Alfons) GmbH v Hauptzollamt Saarlouis
- Defrenne v Sabena
- Correct. Feedback: Following Van Gend which imposed a negative duty; to refrain from breaching the law. Lutticke imposed an obligation on the German government to remove discriminatory taxation.
- Incorrect. Feedback: Following Van Gend which imposed a negative duty; to refrain from breaching the law. Lutticke imposed an obligation on the German government to remove discriminatory taxation.
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Question 19 of 20
19. Which of the following conditions must be satisfied before a directive can be said to be directly effective?
- That the provision is unconditional
- That the measure is sufficiently clear and precise
- That the measure is sufficiently clear and precise and unconditional
- Correct. Feedback: These were established in GenVand and are known as the Van Gend criteria for direct effect.
- Incorrect. Feedback: These were established in GenVand and are known as the Van Gend criteria for direct effect.
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Question 20 of 20
20. Which case is authority for the proposition that an individual can use a directive only against the state?
- Pubblico Ministerio v Ratti
- Dori(Facini) v Recreb
- Marshall v Southampton and South West AHA
- Correct. Feedback: It was decided in this case that directives should only have vertical, not horizontal effect.
- Incorrect. Feedback: It was decided in this case that directives should only have vertical, not horizontal effect.
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Chapter 3

1. Which of the following statements is untrue?

2. What kind of action may be brought under Art 263 TFEU?

3. What test was set out in the case Plaumann?

4. What is meant by the 'legal base' of a Union measure?

5. Which of the following statements is untrue?

6. What is the test for demonstrating whether a breach of EU law by a Member State is 'sufficiently serious' to allow a claim for damages to be made against that State?

7. What is the best definition of Acte Clair?

8. What does the phrase force majeure mean?

9. Which of the following is not regarded as an essential procedural requirement under EU law?

10. What will follow the delivery of a reasoned opinion under Art 258 TFEU?

11. Which of the following statements is correct?

12. What is meant by the 'supremacy' of Union law?

13. What is meant by the term 'direct effect' of Union law?

14. Which of the following definitions best describes the principle of 'direct applicability'?

15. Which of the following are directly applicable?

16. In which case did the ECJ establish the principle of direct effect?

17. When the ECJ first articulated the doctrine of direct effect did the ruling concern?

18. Which case established that Treaty Articles could impose a positive obligation on MS to act?

19. Which of the following conditions must be satisfied before a directive can be said to be directly effective?

20. Which case is authority for the proposition that an individual can use a directive only against the state?

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