1.Easy
How many Commissioners are there in the European Commission?
- AOne for every ten million EU inhabitants
- BA number set each year by the European Parliament
- CTwo from each of the larger member states and one from each of the smaller ones
- DOne from each member state, including the President and High Representative
2.Easy
Which EU court hears most direct actions brought by individuals and companies at first instance?
- AThe Court of Justice
- BThe General Court
- CThe Court of Auditors
- DThe European Court of Human Rights
3.Easy
The principle of conferral (Article 5(2) TEU) means that:
- AThe EU may act in any area where it considers action useful to achieve the Treaties' objectives
- BMember states must obtain EU consent for all national laws
- CThe EU acts only within the competences the member states have given it in the Treaties
- DPowers not used by the EU pass to the Commission
4.Medium
In Dillenkofer (1996), the Court held that a complete failure to transpose a directive on time is:
- AExcused if the state was busy with elections
- BNever a ground for state liability
- CIn itself a sufficiently serious breach for state liability
- DSerious only if the Commission has first warned the state in a reasoned opinion
5.Medium
In United Brands (1978), the Court defined a dominant position as:
- AAny market share above 25% in a member state
- BHolding a market share of more than 40% in a substantial part of the internal market, whatever the competitors' strength
- CA position of economic strength enabling an undertaking to prevent effective competition and act independently
- DBeing the oldest company in a market
6.Medium
In Ratti (1979), the Court held that an individual could NOT rely on a directive against the state:
- ABefore the transposition deadline had expired
- BIf the member state had failed to transpose it
- CAfter the transposition deadline had expired
- DIf the directive was clear and unconditional
7.Hard
In Åkerberg Fransson (2013), a Swedish fisherman faced tax penalties and criminal proceedings for VAT fraud. The Court held that the Charter applied because:
- ASweden had incorporated the Charter into its constitution
- BThe fisherman was an EU institution employee
- CThe Charter applies to every action of a member state, whether or not it involves EU law in any way
- DThe national measures fell within the scope of EU law on VAT and the EU's financial interests
8.Hard
In Plaumann (1963), a clementine importer challenged a Commission decision addressed to Germany. The Court held that a non-addressee is individually concerned only if:
- AThey have written to the Commission before the act
- BThe act affects them because of attributes or circumstances that distinguish them from all other persons
- CThey suffer a financial loss from the act
- DThey belong to the economic sector affected and carry on the commercial activity that the act regulates, like any other importer
Answer key
- 1. D · One from each member state, including the President and High Representative
- 2. B · The General Court
- 3. C · The EU acts only within the competences the member states have given it in the Treaties
- 4. C · In itself a sufficiently serious breach for state liability
- 5. C · A position of economic strength enabling an undertaking to prevent effective competition and act independently
- 6. A · Before the transposition deadline had expired
- 7. D · The national measures fell within the scope of EU law on VAT and the EU's financial interests
- 8. B · The act affects them because of attributes or circumstances that distinguish them from all other persons
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