1.Easy
Under Article 258 TFEU, infringement proceedings against a member state are normally started by:
- AThe European Commission
- BA national court
- CThe European Parliament
- DAn individual citizen
2.Easy
Which pair of treaties forms the basis of the EU after the Lisbon Treaty?
- AThe Treaty on European Union and the Treaty on the Functioning of the European Union
- BThe Treaty of Rome and the Treaty of Paris
- CThe Schengen Agreement and the Maastricht Treaty
- DThe Charter of Fundamental Rights of the EU and the European Convention on Human Rights
3.Easy
What is the role of an Advocate General at the Court of Justice?
- ATo give an independent, reasoned opinion on cases before the Court decides
- BTo prosecute member states that break EU law on behalf of the European Commission
- CTo represent the EU institutions in court
- DTo defend individuals who cannot afford a lawyer
4.Medium
In United Brands (1978), the Court defined a dominant position as:
- AAny market share above 25% in a member state
- BBeing the oldest company in a market
- CA position of economic strength enabling an undertaking to prevent effective competition and act independently
- DHolding a market share of more than 40% in a substantial part of the internal market, whatever the competitors' strength
5.Medium
Van Gend en Loos (1963) established that:
- ADirectives have horizontal direct effect
- BTreaty provisions can have direct effect and create rights for individuals in national courts
- CTreaty provisions bind only the member states and never create rights for individuals before national courts
- DMember states can leave the EU at will
6.Medium
In Levin (1982), the Court held that a part-time worker is protected by Article 45 if the work is:
- ADone for the main purpose of obtaining residence
- BAt least 30 hours per week
- CPaid enough to live without social benefits
- DEffective and genuine, and not purely marginal and ancillary
7.Hard
In Faccini Dori (1994), a consumer tried to rely on an untransposed consumer directive against a private company. The Court held that:
- ADirectives cannot of themselves impose obligations on individuals, so she could not rely on it
- BThe directive had horizontal direct effect, because consumers are the weaker contracting parties
- CThe company was an emanation of the state
- DThe directive was invalid because it had not been transposed
8.Hard
In Dorsch Consult (1997), the Court listed factors for deciding whether a body is a "court or tribunal" that may refer under Article 267, including whether it:
- AIs established by law, permanent, independent and applies rules of law
- BHas judges who trained in EU law
- CIs called a court in national law and hears appeals from the lower courts
- DIs a court of last instance
Answer key
- 1. A · The European Commission
- 2. A · The Treaty on European Union and the Treaty on the Functioning of the European Union
- 3. A · To give an independent, reasoned opinion on cases before the Court decides
- 4. C · A position of economic strength enabling an undertaking to prevent effective competition and act independently
- 5. B · Treaty provisions can have direct effect and create rights for individuals in national courts
- 6. D · Effective and genuine, and not purely marginal and ancillary
- 7. A · Directives cannot of themselves impose obligations on individuals, so she could not rely on it
- 8. A · Is established by law, permanent, independent and applies rules of law
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