Chapter 5 Self-test questions

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. The EU Treaties do not contain any express provision regarding State liability in damages. However, Article _____ TFEU provides for the liability of the EU, and the Court of Justice has derived inspiration from this Article in relation to EU liability when developing the principle of State liability. Certain parallels can therefore be seen between the principle of State liability and the principle of EU liability, although they are two distinct areas of EU law.

Your response

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. Which principle was established by the Court of Justice in Francovich?

Indirect effect. correct incorrect

State liability. correct incorrect

Non-retroactivity. correct incorrect

Direct effect. correct incorrect

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. In which situation can Francovich liability arise?

The Member State has failed to implement a Directive. correct incorrect

The Member State has opposed the adoption of a Directive. correct incorrect

The Member State has opposed the adoption of a Regulation. correct incorrect

The Member State has failed to ratify a Treaty. correct incorrect

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. The Francovich criteria govern Member State liability for failure to transpose a Directive. What are these criteria? (Select all that apply)

The result prescribed by the Directive must involve the grant of rights to individuals correct incorrect

The content of those rights must be sufficiently clear from the Directive correct incorrect

The breach must be sufficiently serious correct incorrect

There must be a causal link between the breach of the State's obligation and the loss suffered correct incorrect

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. Which case first established State liability for a breach of EU law in circumstances that did not entail the failure to implement a Directive?

Marshall. correct incorrect

Foster. correct incorrect

Von Colson. correct incorrect

Factortame III. correct incorrect

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. Following Factortame III, the Court of Justice extended the scope of State liability. To what situation was it applied in BT?

Incorrect interpretation of EU law by a national court of last instance. correct incorrect

Incorrect implementation of a directive. correct incorrect

An administrative breach (rather than a legislative breach). correct incorrect

Failure to implement a Directive. correct incorrect

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. In the context of Member State liability, what principle did Hedley Lomas establish?

Members States will incur liability in damages if they pass legislation which breaches EU law. correct incorrect

Member States have an obligation under EU law to protect animal welfare and, in particular, to ensure animals are stunned before slaughter correct incorrect

Member States may be liable under EU law if they disregard their obligation to protect animal welfare correct incorrect

Member States may be liable for a breach of EU law caused by their administrative practices correct incorrect

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. Which case extended the scope of State liability by establishing that Member States could be liable in damages for breaches of EU law by their courts?

Factortame III correct incorrect

BT correct incorrect

Francovich correct incorrect

Köbler correct incorrect

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. A Member State can be held liable for any judicial decision by its courts which breaches EU law.

True correct incorrect

False correct incorrect

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. According to Factortame III, what factors determine whether a breach is 'sufficiently serious'? Please select all that apply.

The clarity and precision of the EU law breached correct incorrect

The Member State must have failed to provide an explanation for the breach. correct incorrect

The measure of discretion left to the national authorities by the EU law which has been breached correct incorrect

Whether the breach and the damage caused were intgentional or accidental. correct incorrect