Chapter 7 Self-test questions

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. What kind of action may be brought under Article 258 TFEU?

Action for annulment. correct incorrect

Action for damages against an EU institution. correct incorrect

Enforcement action against a Member State. correct incorrect

Action under the third pillar of the Treaty on European Union. correct incorrect

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. Although Article 260 (2) TFEU specifies that the Court of Justice can impose a lump sum or a penalty on a Member state for not complying with its judgment, case law suggest that it could impose both a lump sum and a penalty.

True correct incorrect

False correct incorrect

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. Which acts may be challenged under Article 263 TFEU?

Any act of a legislative EU institution. correct incorrect

Regulations, directives, recommendations and opinions. correct incorrect

Regulations and directives. correct incorrect

Any act adopted by EU institutions, bodies, offices or agencies intended to have legal effect. correct incorrect

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. What is meant by 'locus standi'?

The grounds of challenge. correct incorrect

The act under challenge. correct incorrect

The 'standing' or right to bring proceedings. correct incorrect

The jurisdiction of the General Court in relation to Article 263 actions. correct incorrect

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. Who can challenge what?

Any act which constitutes the final statement of an institution's position and produces legal effect

Select an answer choice Non-privileged applicants Semi-privileged applicants Privileged applicants Nobody

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Act which is addressed to the applicant. Legislative acts where they can establish that they are directly and individually concerned. Where the applicant is directly concerned by a regulatory act which does not entail implementing measures

Select an answer choice Privileged applicants Semi-privileged applicants Non-privileged applicants Nobody

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Can only protect their prerogatives

Select an answer choice Semi-privileged applicants Privileged applicants Non-privileged applicants Nobody

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.

Treaties

Select an answer choice Privileged applicants Nobody Non-privileged applicants Semi-privileged applicants

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. What term is often applied to individual applicants under Article 263?

Privileged applicants. correct incorrect

Non-privileged applicants. correct incorrect

Direct applicants. correct incorrect

Concerned applicants. correct incorrect

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. Which test was set out by the Court of Justice in Plaumann?

The test for 'individual concern'. correct incorrect

The test for 'locus standi'. correct incorrect

The test for 'public body'. correct incorrect

The test for 'non-privileged applicant' correct incorrect

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. What are the potential consequences of a successful action under Article 263? Please select all that apply.

The EU institution which enacted the measure will be fined. correct incorrect

The measure may be annulled in part. correct incorrect

The measure may be annulled in whole. correct incorrect

The Treaty article which formed the legal base of the measure will be revised. correct incorrect

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. What term is used to describe the possibility for the applicant to rely on the grounds for an Article 263 TFEU action, where an act of general application is at issue, in order to allege that the act is inapplicable in that case?

Proportionality. correct incorrect

Objective justification. correct incorrect

Plea of illegality. correct incorrect

Treaty derogation. correct incorrect

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. It is very difficult for individuals to complain under article 265 TFEU (failure to act) because they could, within the framework of direct action, only challenge a failure to adopt a Decision which would be addressed directly to them.

True correct incorrect

False correct incorrect