Chapter 8 Self-test questions

. Which court or courts have jurisdiction to award damages under Article 340 TFEU?

The General Court, subject to a right of appeal to the Court of Justice

The national courts

The Court of Justice

The General Court

. According to Lütticke, which elements comprise the 'general principles common to the laws of the Member States' referred to in Article 340 TFEU?

A sufficiently serious breach of a rule of law for the protection of individuals.

A wrongful act and actual damage

Wrongful act, actual damage, causation.

Losses arising from the normal economic risks inherent in business.

. Which case established that a wrongful act, for the purposes of Article 340 TFEU, requires a sufficiently serious breach of a rule of law for the protection of individuals?

GAEC.

Schöppenstedt.

Simmenthal.

Birra Wührer.

. Which general principle of law or rule of law was breached in which case?

Legitimate expectation

.

Equality/non-discrimination

.

Treaty Article

.

Regulation

. Which cases illustrate the conservative approach of the Court of Justice to the award of damages under Article 340 TFEU? Please select all that apply.

Bergaderm

Factortame III

Bayerische HNL

Amylum

. For what reasons can Bergaderm be regarded as a significant departure from Schöppenstedt? Please select all that apply.

Causation between the institution's breach of EU law and the loss suffered was no longer required.

The rules on "locus standi" were relaxed.

The rule of law infringed must no longer be a superior rule of law but merely a rule which intended to confer rights on individuals.

Rather than the arbitrariness of the act or the seriousness of the damage, the decisive test for a sufficiently serious breach was the degree of discretion allowed to the institution.

. Which principle was established in Mulder?

The applicant has a duty to mitigate his loss.

Failure to act may constitute a sufficiently serious breach.

The institution's conduct must be verging on the arbitrary.

The applicant must be contributorily negligent.

. To establish the necessary causal link, the applicant must prove that the damage is a ___________ direct consequence of the institution's breach.

. What is the time limit for bringing proceedings under Article 340 TFEU?

Two months.

Three years.

Five years.

There is no time limit.

. Which of the following statements about an action under Article 340 TFEU is correct?

It provides for the award of damages against a Member State which has committed a sufficiently serious breach of EU law.

It is not an independent form of action, so an applicant must first secure annulment under Article 263 TFEU.

It provides for the annulment of acts of the EU institutions.

It is an independent form of action, so an applicant need not first secure annulment under Article 263 TFEU.

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