Diagnostic test

. Which Treaty created the European Economic Community?

The European Coal and Steel Community Treaty

The Treaty of Rome

The Single European Act

The European Convention on Human Rights

. How would you describe the structure of the European Union, as set up by the Treaty on European Union 1992?

A structure incorporating national parliaments

A two-pillar structure

A three-pillar structure

A structure incorporating the European Court of Human Rights

. 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.

. What term is applied to a provision of EU law whose interpretation is clear?

Ad hoc.

De rigueur.

De minimis.

Acte clair.

. How have the national courts tended to interpret 'acte clair'?

More loosely than CILFIT requires.

According to its meaning under French administrative law.

According to its meaning as enunciated in CILFIT.

More rigorously than CILFIT requires.

. 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.

. When will a charge for services rendered fall outside the scope of Article 30?

When the charge is protectionist.

When the service is of direct benefit to the importer and the charge is proportionate to the value of the service.

When the charge is for health inspection services.

When the provision of the service is mandatory under the national legislation of the importing state

. When is a national internal taxation system indirectly discriminatory?

When it taxes imported goods at a higher rate than similar domestically-produced goods on the basis of their origin.

When it allows deferment of payment of tax for domestically-produced goods but not for imported goods.

When it taxes imported goods but not domestically-produced goods.

When it taxes imported and domestically-produced goods equally but its effect is to disadvantage imports.

. The meaning of 'worker' in EU law is to be found in which of the following?

The TFEU.

National legislation.

Case law of the Court of Justice.

Directive 2004/38.

. What principle is enshrined in Article 45(2) and re-iterated in Regulation 492/2011 in relation to workers?

Proportionality.

Positive discrimination.

Non-discrimination.

Mutual recognition.

. Does Article 56 TFEU include the right to receive services?

Only in the area of education.

No.

Yes.

Only in the areas of education and finance.

. Can Member States place restrictions on the freedom to provide services?

Yes, always.

Yes, provided they are exercised 'under the same conditions as are imposed by that state on its own nationals'

No, never.

Only in the first six months of the year.

. What question must be addressed to determine whether there is cross-elasticity of demand?

Would a producer of a similar product be willing and able to switch production to this product?

Would the product be more attractive to consumers if it had several uses?

Would a significant proportion of the population buy this product if it were advertised more widely?

Would the consumer be willing and able to substitute this product for another?

. What does supply substitutability relate to?

The capacity of other producers to increase production.

The capability of other producers to supply substitutable products.

The efficiency of distribution networks.

Consumer perception of similar products.

Diagnostic test

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