Chapter 15 Self-test questions

Positive harmonisation is where:

Through a finding that a Treaty freedom has been violated, and the national measure cannot be justified, the national rule will be struck down.

Harmonisation is achieved through re-regulation at the Union level

Member States view the harmonised measure as a constructive step towards EU integration

The Union creates a situation by which it increases the threat of a downward spiral in standards.

Harmonisation of EU law means its unification among all Member States.

True

False

Total harmonisation leaves the Member States with no scope for further ________ action in the field covered by the harmonising measure.

France reduces the threshold giving rise to liability for property damage from £500 to £300 in the interest of consumers, contrary to a total harmonisation Directive on product liability. [Please select all that apply]

France is in breach of EU law because it has no discretion to impose a higher standard of protection.

France is permitted to derogate from this measure because it is in the best interest of consumers.

France can derogate from this threshold insofar as the Union measure permits her to.

France is in breach of EU law even where the same Union measure allows it to derogate from other provisions or leaves certain matters for domestic law.

Which of the following statements is correct where the Union introduces a total harmonisation for a particular product?

Member States are permitted to introduce a measure which falls outside the common Union organisation for a particular product

A Member State can derogate from the common organisation insofar as this derogation is not substantial.

Any national measure conflicting with the common provision will be illegal.

A Member State can take emergency action under Article 36 TFEU even where it counters a total harmonisation measure which makes provisions for the full harmonisation needed to ensure the protection of the specific objective which would be furthered by reliance on Article 36 TFEU.

Consider the following problem question and advise accordingly. CPS Ltd is a Dutch firm with its principal place of business in the Netherlands. Its main line of business is the distribution of Kinder Beer (non-alcoholic beer targeted at children). Recently the EU has introduced a minimum harmonisation directive setting the maximum level of alcohol in 'Kinder Beer' to 0.5 per cent. The directive includes a 'market access' clause. The Netherlands chose to impose a higher standard and set the maximum percentage to 0.3. CPS is grossly affected by this measure.

CPS can successfully challenge the measure because it has the effect of reverse discrimination, and favour non-domestic measures.

BBS a French producer of Kinder Beer, complies with the Union standard but not with that of the Netherlands. Thus BBS cannot market its product in the Netherlands.

CPS must comply with the Dutch standard.

CPS has the choice to follow either standard.

A measure adopted on the basis of Article 114 TFEU must ___________ have as its object the improvement of the conditions for the establishment of the internal market.

Article 114 TFEU: [Please select all that apply]

can be used where the Union can identify obstacles to the functioning of the internal market and that the harmonising legislation contributes to the establishment and functioning of the internal market and goes no further.

derogation from Union measures adopted under Article 114 TFEU is not permissible

the Union is not allowed to harmonise measures that have the effect of harmonising excluded areas elsewhere under the Treaty beyond what is necessary to eliminate obstacles to the internal market.

Quiz Content