University of London La3024 ZB

THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS
UNIVERSITY OF LONDON LA3024 ZB
DIPLOMA IN THE COMMON LAW

LLB
BSc DEGREES WITH LAW
EU law
Friday 13 May 2016: 14.30 – 17.45
Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

answer the questions.
Candidates should answer FOUR of the following EIGHT questions.
Candidates should answer all parts of a question unless otherwise stated.
Permitted materials
Students are permitted to bring into the examination room the following
specified document: one copy of Blackstone's EU Treaties and Legislation
(OUP).
© University of London 2016
UL16/0231
Page 1 of 5
1. ‘The Charter may never achieve in Europe the level of popular
awareness enjoyed by the Bill of Rights in the United States. But the
collection in a single place of so comprehensive a range of rights will
prompt European lawyers, judges and students to read them, to
become familiar with them and to apply them.’
Discuss this assessment of the Charter of Fundamental Rights.
2. Zenfit has been lawfully producing herbal teas in the UK for some time.
The success of its sales in the UK has encouraged Zenfit to try to
export its products to other EU Member States. However, it has
encountered some difficulties. In France, legislation requires that any
information on the packaging of herbal teas must be in French. In
Spain, the national agency for food and health has recently classified
all herbal teas as ‘medicinal products’ which makes them subject to a
specific authorisation by the agency.
Advise Zenfit on the compatibility of the French and Spanish measures

with EU law.
UL16/0231
Page 2 of 5
3. Recy-Cel is a special type of cellulose manufactured from recycled
material. There are three main producers of Recy-Cel in Europe.
TreeHugger, based in the UK, is the largest producer with a market
share of 44%. A German manufacturer, RecyHandelsgesellschaft, has
a market share of 20%, a Spanish manufacturer, CelEspaña, has a
market share of 20%, and several other small producers represent
16% of the market. TreeHugger wishes to increase its market share
and seeks your advice on the applicability of EU competition law to the
following proposed strategies:
(a) It wants to launch an extensive publicity campaign in

Spain and Germany to announce some drastically
reduced prices for Recy-Cel. Specifically it wants to offer
very attractive discounts to new customers in these
Member States.
(b) At the initiative of RecyHandelsgesellschaft, it

participated in several meetings with three smaller
producers and RecyHandelsgesellschaft in order to
construct a ‘rational joint marketing’ plan that would allow
each manufacturer to ‘more efficiently concentrate’ their
sales efforts in certain geographical zones and withdraw
from other areas. While RecyHandelsgesellschaft is
supposed to sell in Germany and Austria, TreeHugger is
supposed to concentrate on the Irish, British and
Scandinavian markets, whereas the three other
producers will concentrate on new markets in the 12 new
Member States. The primary advantage of this plan is to
avoid ‘wasteful rivalry’ between the companies within the
same geographical area.
Advise TreeHugger as to whether and under what conditions the above

strategies are compliant with EU competition rules.
UL16/0231
Page 3 of 5
4. John, a British national, moved to France with a view to settle there
permanently. As a former investment banker he had considerable
holdings in shares in British companies and also savings in a British
bank, as well as private health insurance. He had therefore no problem
obtaining a residence permit from the French authorities. In 2015 he
encountered considerable financial difficulties. The value of his shares
collapsed and the value of the pound in France deteriorated sharply. In
January 2016 he therefore took on an occasional job as a waiter in the
local restaurant, but given the slump in the economy also in France his
services were only infrequently called upon by the restaurant owner.
He also has to seek hospital treatment. When he asks to be treated in
the local hospital he is asked to pay for his treatment. His private health
insurance refuses to cover the costs as he has fallen behind with his
payments for the insurance. However, he discovers that French
nationals would receive the hospital treatment free of charge. What is
worse, when the French authorities hear about his request to be
treated in the hospital free of charge, they decide, without further
investigation into his financial situation, to revoke his residence permit
on the ground that he no longer fulfils the necessary conditions for
residence in France.
Advise John as to his rights under EU law.
5. SafeHands is an English private security company operating in the UK.

It decides to expand its activities into the Netherlands. However, Dutch
law requires that companies which provide private security services
and wish to do business in the Netherlands have to obtain prior
authorisation from the Dutch authorities even if they only wish to work
on a temporary basis. In addition, their company managers need to be
granted a personal authorisation and the companies have to supply all
their employees with a special permit certifying the absence of previous
criminal convictions.
Advise SafeHands as to whether Dutch law is compatible with EU law.
6. ‘The radically innovative character of the concept of European

citizenship lies in the fact that the Union belongs to, is composed of,
citizens who by definition do not share the same nationality. The Court
of Justice case law simply spells out which rights and duties emerge
from such concept.’
Discuss.
UL16/0231
Page 4 of 5
7. ‘The Court in Costa v Enel (1964) and Van Gend en Loos (1963)
emphasised that the Treaties were contractual, that they created
obligations for the Member States and that the action taken by them
must not be such as to derogate from or nullify the obligations they
have undertaken under the Treaties. It is in that context that we should
consider what the Court said in Van Gend en Loos about the role of
individuals in enforcing EU law at the national level.’
Discuss.
8. In 2014 the EU adopts a fictitious Directive 2014/254 on the labelling of

tobacco products. Article 3(a) of the Directive provides that “all packets
of cigarettes should carry a stark health warning, the precise
formulation of which is determined by each Member State”. Article 3(b)
provides that “the label with the stark health warning shall completely
cover one side of any packet of cigarettes”. Under Article 11 the
Directive was to be transposed in national law by 1 July 2015. On 20
September 2015, Cheapest, a supermarket chain in the UK, contracted
for the supply of cigarettes with Sweet & Mild, a manufacturer in
Germany. The contract provided that the cigarettes should comply with
all applicable laws and regulations. However, at the time of the supply
the UK had not yet transposed the Directive. Its legislation on the
labelling of tobacco products provided that all cigarette packets should
carry the following statement: “Smoking may damage your health”.
The legislation also provided that the warning should cover between 20
and 25% of one side of a cigarette packet. Sweet & Mild supplies
cigarettes which are already complying with the Directive: each
cigarette packet carries the warning “Smoking may be lethal”, covering
one side of the pack. Cheapest does not accept the supply of the
cigarettes, arguing that they do not comply with the applicable laws and
regulations in the UK.
Advise Sweet & Mild whether it can rely on Directive 2014/254.
END OF PAPER
UL16/0231
Page 5 of 5

University of London La3024 ZB

Uploaded by

Copyright:

Available Formats

University of London La3024 ZB

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

University of London La3024 ZB

Uploaded by

Copyright:

Available Formats

THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA3024 ZB

DIPLOMA IN THE COMMON LAW

Friday 13 May 2016: 14.30 – 17.45

Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

Candidates should answer FOUR of the following EIGHT questions.

Candidates should answer all parts of a question unless otherwise stated.

© University of London 2016

Discuss this assessment of the Charter of Fundamental Rights.

Advise Zenfit on the compatibility of the French and Spanish measures

(a) It wants to launch an extensive publicity campaign in

(b) At the initiative of RecyHandelsgesellschaft, it

Advise TreeHugger as to whether and under what conditions the above

Advise John as to his rights under EU law.

5. SafeHands is an English private security company operating in the UK.

Advise SafeHands as to whether Dutch law is compatible with EU law.

6. ‘The radically innovative character of the concept of European

8. In 2014 the EU adopts a fictitious Directive 2014/254 on the labelling of

Advise Sweet & Mild whether it can rely on Directive 2014/254.

You might also like