Chapter 8 Self-test questions

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. 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 correct incorrect

The national courts correct incorrect

The Court of Justice correct incorrect

The General Court correct incorrect

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. 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. correct incorrect

A wrongful act and actual damage correct incorrect

Wrongful act, actual damage, causation. correct incorrect

Losses arising from the normal economic risks inherent in business. correct incorrect

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. 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. correct incorrect

Schöppenstedt. correct incorrect

Simmenthal. correct incorrect

Birra Wührer. correct incorrect

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

Legitimate expectation

Select an answer choice Dumortier Frères Kind Kampffmeyer Sofrimport

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.

Equality/non-discrimination

Select an answer choice Kampffmeyer Kind Sofrimport Dumortier Frères

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Treaty Article

Select an answer choice Dumortier Frères Sofrimport Kampffmeyer Kind

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.

Regulation

Select an answer choice Dumortier Frères Kind Kampffmeyer Sofrimport

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. 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 correct incorrect

Factortame III correct incorrect

Bayerische HNL correct incorrect

Amylum correct incorrect

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. 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. correct incorrect

The rules on "locus standi" were relaxed. correct incorrect

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. correct incorrect

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. correct incorrect

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. Which principle was established in Mulder?

The applicant has a duty to mitigate his loss. correct incorrect

Failure to act may constitute a sufficiently serious breach. correct incorrect

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

The applicant must be contributorily negligent. correct incorrect

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

Your response

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

Two months. correct incorrect

Three years. correct incorrect

Five years. correct incorrect

There is no time limit. correct incorrect

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. 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. correct incorrect

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

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

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