Chapter 6 End-of-chapter questions

Toni is a magistrate in a criminal court in France. One day she is faced with a prosecution alleging that a company had breached an EU regulation dealing with health and safety in the workplace. Toni considers that the regulation is ambiguous and is thinking about seeking a preliminary ruling. Which of the following is true?

Toni cannot seek a preliminary ruling because the litigation involves criminal law.

Toni cannot seek a preliminary ruling because she is only a magistrate in a trial court.

Toni can seek a preliminary ruling

Toni cannot seek a preliminary ruling because the provision in the regulation was the subject of a preliminary ruling last year.

Pedro is a judge in a civil court in Spain. He is dealing with a commercial dispute between two Spanish companies. One of the parties is relying upon a provision of Spanish legislation, which was passed by the Spanish parliament to give effect to an EU directive. Pedro thinks that the Spanish legislation is unclear, but the directive is much more precise. Which of the following is correct?

Pedro can use the directive to explain the meaning of the ambiguous Spanish legislation.

Pedro can ignore the Spanish legislation and simply apply the directive instead.

Pedro will have to make his judgment based exclusively on the Spanish legislation. The directive cannot be referred to in national courts, because directives are designed to be implemented into national law.

Pedro should seek a preliminary ruling on the ambiguous Spanish legislation.

Last year, the EU issued a (fictitious) directive prohibiting discrimination on grounds of hair colour as a condition of employment. The implementation date was January 1^st this year. The directive has not been implemented into Italian law, although it should have been. Which one of the following people could enforce the directive in an Italian court?

Luigi was turned down for a job in the police force in December last year because of his red hair.

Simone, who was turned down for a job in the Italian Ministry of Heath last week because of her blonde hair.

Antonio was turned down for a job in a bank last week because of his multi-coloured hair.

Giuseppe, who was turned down for a job with the Italian navy last week because he is bald.

The Supreme Court of the Netherlands is dealing with a dispute. The lawyers for one of the litigants have argued that a provision of the TFEU is applicable and have invited the Supreme Court to seek a preliminary ruling. Which of the following is NOT true?

The Supreme Court can decline to seek a ruling on the basis that the provision is so clear that there is no scope for any reasonable doubt.

The Supreme Court has complete discretion whether or not to seek a ruling.

The Supreme Court can decline to seek a ruling if it transpires that the provision in question has already been interpreted by the Court of Justice

The Supreme Court can decline to seek a ruling if it reaches the conclusion that the provision in question Is not relevant to the dispute.

Max, a German national, has brought a state liability action in the German courts. He is arguing that the German government wrongly implemented an EU directive and that he has suffered financial loss as a result. Which of the following is NOT true?

Max will need to prove that the non-implementation caused his loss. German causation rules will apply.

Max will need to prove that the directive was intended to confer rights on individuals.

Max will need to prove that the failure to implement the directive correctly was a serious breach of EU Law.

He is guaranteed to win, because the German government has committed an automatically serious breach in failing to implement the directive correctly.

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