Chapter 4 Multiple choice questions

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

Action for annulment.

Action for damages against an EU institution.

Enforcement action against a Member State.

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

. Which document begins formal proceedings at the administrative stage under Article 258 TFEU?

The 'statement of objections'.

The 'letter of notice'.

The 'comfort letter'.

The 'letter of obligation'.

. What is the consequence if the matter is not settled by the time limit for a response to the reasoned opinion delivered pursuant to Article 258 TFEU?

An immediate fine is issued.

The Council is notified.

A new time limit is issued.

The Commission may commence proceedings in the Court of Justice.

. What is the effect of a successful Article 263 action?

Annulment of the EU act.

Delayed implementation of the EU act.

Immediate entry into force of the EU act.

Award of damages against the EU institution concerned.

. What is meant by 'locus standi'?

The grounds of challenge.

The act under challenge.

The 'standing' or right to bring proceedings.

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

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

Privileged applicants.

Non-privileged applicants.

Direct applicants.

Concerned applicants.

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

The test for 'individual concern'.

The test for 'locus standi'.

The test for 'public body'.

The test for 'non-privileged applicant'

. 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 superior rule of law for the protection of individuals

Actions verging on the arbitrary.

Wrongful act, actual damage, causation.

Losses arising from the normal economic risks inherent in business.

. Which of the following statements is correct?

An Article 340 action provides for the award of damages against a Member State which has committed a sufficiently serious breach of EU law.

An Article 340 action is not an independent form of action, so an applicant must first secure annulment under Article 263 TFEU.

An Article 340 action provides for annulment of acts of the EU institutions.

An Article 340 action is an independent form of action, so an applicant need not first secure annulment under Article 263.

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

Two months.

Three years.

Five years.

There is no time limit.

Chapter 4 Multiple choice questions

Quiz Content