Chapter 13 Self-test questions

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The Union may be liable in tort for both wrongful acts on the part of one of its institutions, and on the part of its _______.

Your response

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What are the basic elements of non-contractual liability? [Please select all that apply]

unlawful conduct on the part of the institutions correct incorrect

a lawful act which has caused damage to the claimant correct incorrect

damage to the claimant correct incorrect

a causative link between the unlawful conduct and the damage to the claimant correct incorrect

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CSC Ltd, which is in the currency exchange business, suffered financial losses as a result of the introduction of the single currency, which was introduced under primary legislation as the final phase for the completion of the monetary union. [Please select all that apply]

CSC Ltd is entitled for damages pursuant to Articles 268 and 340(2) TFEU. correct incorrect

CSC Ltd is likely to succeed for claim of damages for non-contractual liability because the Union is strictly liable. correct incorrect

CSC Ltd, is not entitled to damages for non-contractual liability. correct incorrect

Articles 268 and 340(2), being also primary Union law, cannot be brought to bear on instruments of an equivalent level where this is not expressly provided for. correct incorrect

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In accordance with the unity principle, liability in damages for unlawful legislative acts or wrongful failure to Act of the EU institutions exists as a separate remedy under 340(2) from the remedies under Article 263 and 265 for judicial review.

True correct incorrect

False correct incorrect

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The CJ in Bergaderm (case C-352/98) has extended the Brasserie du Pêcheur criteria (within the context of State Liability) to the liability of the Union institutions under Article 340 TFEU. What are the criteria? [Please select all that apply]

a breach of a rule of law intended to confer rights on individuals correct incorrect

The rule must be a 'superior rule of law'. correct incorrect

The breach is sufficiently serious. correct incorrect

a direct causal link between the breach and the damage correct incorrect

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Article 340 TFEU only allows for specific, actual, certain and concrete damages. Claimants are not entitled to recover for ___________.

Your response

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In 'concurrent liability', in deciding whether an action should be brought before a national court or before the European Union Courts:

the CJ considers as relevant whether a national court could provide an effective means of protection for the claimant's interests. correct incorrect

the CJ would consider whether the claimant had exhausted all national remedies. correct incorrect

whether the party has previously brought an action for annulment under Article 263 TFEU. correct incorrect

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Following Bergaderm, it seems less relevant whether the measure complained of is of general or individual application.

True correct incorrect

False correct incorrect