Chapter 2 Multiple choice questions

. What is meant by the 'supremacy' of EU law?

Union citizens bringing claims in national courts must rely on any relevant provisions of EU law, rather than on relevant provisions of national law.

The Court of Justice operates as a supreme court of appeal, with the power to overturn decisions of national courts.

Decisions of the European Parliament bind national courts.

EU law takes precedence over conflicting provisions of national law.

. What is meant by the 'direct effect' of an EU provision?

The provision takes precedence over provisions of national law.

No implementation is required.

Individuals can rely on the provision in the national court.

The provision is binding on national courts from the date of its adoption.

. What is meant by 'vertically directly effective'?

Describes a provision of EU law that can be invoked in the national court against the state or a public body.

Describes a provision of EU law that can be invoked in the national court against an individual.

Describes a provision of EU law that can be invoked by individuals in the Court of Justice.

Describes a provision of EU law that can be invoked in the national courts of third countries.

. In the context of direct effect, the test to identify a 'public body' or 'emanation of the state has been recently clarified by the Court of Justice in the Farrell v Whitty case. Would a privately owned company manufacturing clothes fall within this definition?

Yes, as this is a trading company.

Yes, as companies are regulated by state legislation.

No, as it is privately owned.

No, as it is not performing a task in the public interest.

. Which principle requires that national law be interpreted in accordance with relevant EU law?

State liability.

Proportionality.

Legitimate expectation.

Indirect effect.

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

Indirect effect.

State liability.

Non-retroactivity.

Direct effect.

. In which situation can Francovich liability arise?

The Member State has failed to implement a directive.

The Member State has opposed the adoption of a directive.

The Member State has opposed the adoption of a regulation.

The Member State has failed to ratify a Treaty.

. Which one of the following statements is correct?

State liability is only of relevance in cases involving directives

State liability is only of relevance if a Member State has failed to implement a directive.

State liability will occur if a Member State breaches a Treaty Article.

State liability may occur if a Member State commits a sufficiently serious breach of EU law.

. According to Factortame III, what was the 'decisive test' for a 'sufficiently serious breach'?

The Member State must have committed a breach of the Treaty.

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

The Member State must have acted in an arbitrary manner.

The Member State must have manifestly and gravely disregarded the limits on its discretion.

. Which of the following statements is correct in relation to the following scenario?

The Supreme Court of Austria rules that an EU regulation covers only international sales of goods and is therefore not relevant to a breach of contract claim. It does not make a preliminary reference to the Court of Justice before giving its judgment.

The Austrian State will be liable if the Supreme Court has incorrectly interpreted the EU regulation.

The Austrian State will be liable if the Supreme Court has disregarded the Cilfit exceptions and the incorrect interpretation of the EU regulation has led to a loss to party to the breach of contract claim.

The Austrian State will be liable if the Supreme Court failed to follow a previous ruling of the Court of Justice on the interpretation of the EU regulation.

The Austrian State will not be liable in such circumstances.

Chapter 2 Multiple choice questions

Quiz Content