E Law Questions With Answers
E Law Questions With Answers
had been taken in T1 exam of European Law during the exam. The lined answers are from
deepseek ai so there could be some mistakes).
7. Assuming there is a Dutch provision providing that the contract law applies, where
the seller has his residence regardless what the parties agreed on, and assuming that
Art. 3 Rome I Regulation respects the parties' choice. What law applies, if the parties
agree that Swedish law shall govern their contract of sale although the seller has his
residence in Finland?
- Swedish law applies as set forth in the Dutch provision because the Rome I Regulation is
only effective if the parties have agreed on its application
- Swedish law applies, because the regulation takes precedent over Dutch law; the Dutch
provision is not applied
- Finish law applies, because the regulation takes precedent over Dutch law; the Dutch
provision is void.
- Finish law applies as set forth in the Dutch provision because Rome I Regulation has not
been implemented.
8. French jewellery seller can open a business in Italy just as an Italian seller can.
-This is an example of the freedom of establishment.
-This is an example of the free movement of workers.
-This is an example of the free movement of capital.
-This is an example of the free movement of goods.
9. What was a concern of the member states when deciding on the role of the
institutions?
-How to preserve their influence on the Commission in compensation for their surrender of
sovereignty.
-How to preserve their influence on secondary EU legislation passed by the Council in
compensation for their surrender of sovereignty.
-How to preserve their influence on primary EU legislation in compensation for their
surrender of sovereignty.
-How to preserve their influence on the Parliament in compensation for their surrender of
sovereignty.
10. What statement on the Eurozone is correct?
-To enter the Eurozone, a country must be a member of the EU. Once having entered the
Eurozone, the country loses its sovereignty on its monetary and economic policy.
-To enter the Eurozone, a country must be a member of the EU. Once having entered the
Eurozone, the country loses its sovereignty on its monetary and economic policy to the
European Central Bank.
-To participate in the Eurozone, a country is not required to be a member of the EU. By
participating in the Eurozone, the country loses its sovereignty on its monetary policy to the
European Central Bank.
-To enter the Eurozone, a country is not required to be a member of the EU. Once having
entered the Eurozone, the country loses its sovereignty on its economic and social policy to
the European Central Bank.
13. What were the main achievements of the Single European Act?
-Completion of the internal market, extension of the qualified majority voting in the Council
and increasing the role of the European Parliament.
-Completion of the internal market, introduction of the qualified majority voting in the
Commission and increasing the role of the European Parliament.
-Completion of the internal market and of a social union as well as the direct election of the
European Parliament.
-Direct election of the European Parliament, introduction of the qualified majority voting in
the Council and completion of a social union
14. What policy areas remain in the sole responsibility of the member states?
-Education, culture and housing.
-Housing. Culture and health care.
-Education, social policy and transport.
-Education, housing and transport.
15. What is the role of the Court of the European Union (ECJ) within the European
Union?
-Each member state nominates a judge who represents the member state in the court. The
Court decides on questions of the application of European Union law only if called upon by
the Commission.
-Each member state nominates a judge. The judges are independent. The Court decides on
the questions of the application of European Union law only if called upon by the national
courts.
-Each member state nominates a judge who represents the member state in the court. The
Court will start proceedings against member states who have violated European Union law.
-Each member state nominates a judge. The judges are independent. The Court decides on
questions of the application of European Union law if called upon.
16. What new element was introduced by the ECJ in Keck and Mithouard?
- Not discriminating sales modalities do not fall in the range of the freedom of goods.
- Discriminating sales modalities fall in the range of the freedom of goods.
- Discrimination sales modalities do not fall in the range of the freedom of goods.
- Sales modalities do not fall in the range of the freedom of goods.
19. Which one of the following ECJ cases does not concern the free movement of
goods?
-Saeger / Denemeyer.
-Dassonville.
-Cassis de Dijon.
-Keck and Mithouard.
20. What new element was introduced by the ECJ in Bosman?
-The proportionality test was adopted to the freedom of establishment.
-The four criteria test was adopted to the freedom of establishment of companies.
-The four criteria test was adopted to the free movement of workers.
-The market access test was adopted to the free movement of workers.
21. When did the Treaty on the Functioning of the European Union take effect?
-1993 as the Treaty establishing the EC
-1958 as the Treaty establishing the EEC
-1999 as one column of the EU.
-2009 as part of the Treaty of Lisbon.
23. How did the role of the institutions change over the years?
-In order to reduce the democratic deficit, some power shifted from the Council to the
Parliament in the legislative process.
-In order to reduce the democratic deficit, the Parliament became the dominant institution in
the legislative process.
-In order to reduce the democratic deficit, the Commission became the dominant institution
in the legislative process by strengthening the Commissions rights of proposal.
-In order to reduce the democratic deficit, the Commission received more power to guard
the application of the Treaties.
24. What new element was introduced by the ECJ in Centros and Überseering?
-The four criteria test was adopted to the free movement of workers.
-The market access test was adopted to the free movement of services.
-The four criteria test was adopted to the freedom of establishment of companies.
-The proportionality test was adopted to the freedom of establishment.
27. Assuming a member state has failed to implement a directive which gives the
buyer the right to rescind the contract should he have received a defective good from
the seller and national law does not provide for such a right. What are the options of
the buyer?
-The buyer can rescind the contract because the directive is directly applicable after the
deadline has expired. Due to the lack of any loss there is no claim for damages against the
member state.
-The buyer cannot rescind the contract because the directive is not directly applicable even
after the deadline has expired. Instead the buyer may sue the member state for damages.
-The buyer cannot rescind the contract because the directive is directly applicable when the
deadline has expired. And the buyer cannot sue the member state for damages because the
directive has direct effect.
-To sue the member states for its failure to implement the directive or to rescind the contract
relying on the directive.
33. The special qualified majority pursuant to Art. 238 (3) TFEU applies, where not all
the members of the Council participate in voting. Where is that the case?
-Where member states choose to remain neutral.
-Where member states are not particularly interested or involved in the subject matter.
-In the common foreign policy where member states decide not to participate.
-In matters concerning the Euro for member states who do not belong to the Eurozone.
35. What role does the European Council play within the European Union?
-The European Council meets with the heads of states together with its president and the
president of the Commission. It defines the general political directions of the Union and
belongs to the executive branch.
-The European Council meets with the heads of states together with its president and the
president of the Commission: the High Representative for Foreign Affairs and Security Policy
convenes its meetings. It decides on important legislation and is part of the legislation of the
Union.
-The European Council meets with the heads of states together with its president and the
president of the Commission; the High Representative for Foreign Affairs and Security Policy
takes part in its work. It decides on important legislation and is part of the legislation of the
Union.
-The European Council meets with the heads of states together with its president and the
president of the Commission: the High Representative for Foreign Affairs and Security Policy
takes part in its work. It defines the general political directions of the Union and belongs to
the executive branch.
36. Where are the rules on the EU institutions set forth?
- The TFEU and the TEU
- The Treaty of Maastricht.
- The Constitution of the EU.
- The Treaty of Lisbon.
37. A Polish lawyer, having her office in Poland, can offer legal advice to a Croatian
seller, based in Croatia, just like a Croatian lawyer can.
-This is an example of the free movement of capital.
-This is an example of the freedom to provide services.
-This is an example of the free movement of goods.
-This is an example of the frac movement of persons.
44. Belgian law provides that sausages must consist of at least 97% meat. An English
producer whose sausages contain only 25% meat is prohibited by the Belgian
authorities to import her products into the Belgian market. The national court is
asking the ECJ whether the Belgian rule is permissible under EU Law. What will the
ECJ decide?
-The measure is a discriminating hindrance (first level of the market access test), it can be
justified with the mandatory requirement of the public interest of public health and consumer
protection. The measure is adequate, because it ensures that sausages contain meat as
expected by the consumer. However, it is not necessary, as the information model is less
restrictive.
-The measure is an indistinct hindrance (second level of the market access test), it can be
justified with the mandatory requirement of the public interest of public health and consumer
protection. The measure is adequate, because it ensures that sausages contain meat as
expected by the consumer. However, it is not necessary, as the information model is less
restrictive.
-The measure is an indistinct hindrance (second level of the market access test), it can be
justified with the mandatory requirement of the public interest of public health and consumer
protection. The measure is necessary, because it ensures that sausages contain meat as
expected by the consumer. However, it is not adequate, as the information model is less
restrictive
-The measure hinders the access of the British sausages to the Belgian market (third level of
the market access test), it can be justified with the mandatory requirement of the public
interest of public health and consumer protection. The measure is necessary, because it
ensures that sausages contain meat as expected by the consumer. However, it is not
adequate, as the information model is less restrictive.
45. What was held in Überseering?
-The four criteria test applies to the freedom of establishment of companies.
-The market access test applies to the free movement of services.
-The proportionality test applies to the freedom of establishment
-The four criteria test applies to the free movement of workers.
49. Which of the following situations is an example for the democratic deficit of the
EU?
-European legislation has to be approved by both the Council and the Parliament.
-Legislative power is transferred to the Council of Ministers.
-The European Parliament has the right of initiative.
-The high turnout at European elections.
53. What legal source provides for the rules on the internal market?
-The internal market is provided for in regulations and directives.
-The internal market was established by regulations and directives.
-The Basic Freedoms as set forth in the TFEU.
-The rules on the internal market can be found in the TEU.
54. What new element was introduced by the ECJ in Cassis de Dijon?
-The justification by mandatory requirements of the public interest.
-The proportionality test.
-The necessity test.
-The rule of reason.
55. What are the reasons for the shift of powers from the Member States to the EU?
-Member States are obliged by the EU to surrender powers to the EU because of either
visions of politicians, or as a result of a crisis or because of citizens before the ECJ.
-Member States transfer deliberately powers to the EU because of either reducing the
workload of national governments, or as a result of a crisis or actions of citizens before the
ECJ.
-Member States transfer powers to the EU either deliberately because of visions of
politicians or as a result of a crisis or because of citizens before the ECJ.
-Member States are obliged by the EU to surrender powers to the EU because of either
mandatory EU law, or as a result of a crisis or actions of citizens before the ECJ.
59. What role does the Parliament play within the EU?
-The Members of Parliament are delegates from the national parliaments. The Parliament is
part of the legislation and forms the dominant chamber. It has the right to initiate legislation.
-The Members of Parliament are delegates from the national parliaments. It has the right to
initiate legislation.
-The Members of Parliament are elected directly by the people of the Member States. The
Parliament is part of the legislation and for of the chambers. It has no right to initiate
legislation.
-The Parliament is part of the legislation and forms the dominant chamber. It has the right to
initiate legislation.
67. Which of the following countries belong to the founding states of the European
Economic Con
-Belgium, France, Germany, Italy, Spain.
-Netherlands, France, Germany, Italy, Austria.
-Netherlands, Belgium, Italy, Germany, France.
-Netherlands, Belgium, Luxembourg, Denmark, Germany.
68. Spanish law requires tobacco retailers to acquire their products from licensees of
the State; retailers are prohibited from importing tobacco products. Does this
measure fall into the range of a Basic Freedom.
-The measure concerns the freedom to provide services, since the retailers have to obtain
the service of the licensees. This is an instino hindrance of the freedom of services.
-The measure concerns the free movement of goods, but it is justified to avoid ruinous
competition in the tobacco market.
-The measure concerns the freedom of establishment. If tobacco retailers cannot import
tobacco, it makes is more difficult to establish a business in Spain.
-The measure concerns the free movement of goods. It hinders the access of imported
tobacco to the Spanish market.
69. How were the EU institutions prepared for over 25 member states by the Treaty of
Lisbon?
-A rotation systems was introduced to the Commission to avoid to have 25 or more
commissioners and Pa… the legislative process.
-Member States were granted a blocking minority in the Commission.
-The qualified majority voting became the standard voting system in the Council as provided
by the Treat
-The number of Members of the European Parliament was limited to 500.
76. What was decided by the ECJ in the case van Duyn?
-Ms van Duyn is permitted to immigrate to the U.K.
-Directives are indirectly applicable if they are precise enough and the deadline for
implementation has expired.
-Directives do not require implementation if they are precise enough and the deadline for
implementation has expired.
-Directives are directly applicable against the member state if they are precise enough and
the deadline for implementation has expired.
80. The member states have delegated their foreign policy to the EU.
-Incorrect, the member states retain their sovereignty on their foreign policy; however, they
may coordinate their foreign policy through the High Representative for Foreign Affairs and
Security Policy.
High Representative for Foreign Affairs and Security Policy.
-Incorrect, the member states retain their sovereignty on their foreign policy; however, they
may coordinate EU.
-Correct, the High Representative for Foreign Affairs and Security Policy acts as a minister of
foreign affairs
-Correct, the Commissioner for External Relations acts as a minister of foreign affairs for the
EU.
83. What new element was introduced by the ECJ in Commission v Italy?
-The market access test.
-The four criteria test.
-The rule of reason.
-The proportionality test.
84. What is a measure which falls in the scope of the free movement of goods?
-A measure, which treats imports in a more favourable way than domestic products, which
hinders intra-union trade directly… actually or potentially or which hinder in any other way
the access of the product to the market.
-A measure, which treats imports in a less favourable way than domestic products, which
hinders intra-union trade directly or indirectly, actually or potentially or which hinder in any
other way the access of the product to the market.
-A measure, which treats imports in a stricter way than domestic products, which hinders
intra-union trade directly or inc…potentially or which include non-discriminatory sales
modalities.
-A measure, which treats imports in a different way than domestic products, which hinders
intra-union trade directly or i…potentially or which enables in any other way the access of
the product to the market.
86. What constitutes the qualified majority if the Council acts on a proposal of the
Commission?
-72% of the members of the council, representing member states at least 65% of the
population of the EU.
-72% of the members of the council, comprising at least fifteen of them and representing
member states at least…EU.
-55% of the members of the council, representing member states at least 65% of the
population of the EU.
-55% of the members of the council, comprising at least fifteen of them and representing
member states at least 65% of the EU.