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Return to EU Law Directions 7e Student Resources
Chapter 7 Self-test questions
Treaty enforcement actions against member states
Quiz Content
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not completed
Article 258 TFEU concerns which of the following?
Actions by individuals against a member State for damages.
correct
incorrect
Actions to annul EU Acts.
correct
incorrect
Commission action against member States for failures to fulfil obligations under the Treaty.
correct
incorrect
Actions by one member State against another member State.
correct
incorrect
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Failure to remove inconsistent legislation constitutes a breach even if the authorities no longer apply the national legislation and apply the EU rules in preference.
True
correct
incorrect
False
correct
incorrect
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If an individual reports an infringement of a member State to the Commission, which one the following is the consequence?
He or she is permitted to take part in the proceedings.
correct
incorrect
He or she is rewarded with part of any fine that may subsequently be levied on the member State.
correct
incorrect
He or she is able to hold the Commission to account if it does not act.
correct
incorrect
He or she is unable to force the Commission to take any action in the matter.
correct
incorrect
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If the Commission considers that a member State has failed to fulfil an obligation under this treaty, it shall deliver a ________ _______ on the matter.
Your response
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not completed
If a member State should fail to comply with the reasoned opinion of the Commission, the Commission then has the right (which is discretionary) to bring the matter before the European Court of Justice, specifying its grounds for action.
True
correct
incorrect
False
correct
incorrect
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What does the following statement mean? 'The initial judgment is merely declaratory.'
The State can be fined immediately.
correct
incorrect
The breach is formally declared by the European Court of Justice and the offending State has to take the necessary measures to end the infringement.
correct
incorrect
That nothing further can take place.
correct
incorrect
That anyone can now sue the State.
correct
incorrect
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There are numerous effective defences to an Article 258 TFEU action open to the member States.
True
correct
incorrect
False
correct
incorrect
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In cases of urgency or in which economic hardship may ensue, the European Court of Justice may order the suspension of a contested national Act or proscribe interim measures.
True
correct
incorrect
False
correct
incorrect
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Under the revised Art. 260 TFEU, the Commission may request and the European Court of Justice may order which of the following?
The member State to promise not to breach EU law again.
correct
incorrect
The member State to withdraw from the European Union.
correct
incorrect
Reciprocal action by other States which might have suffered form the breach.
correct
incorrect
A fine in the form of a periodic payment, or lump sum, or both.
correct
incorrect
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A member State may bring an action against another member State at any time and without delay.
True
correct
incorrect
False
correct
incorrect
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