LAW201c true false

Please decide if the following statement is true:

The European External Action Service and the High Representative (EEAS) is an EU institution and stands responsible for the external policy making.

True

False

False

Does the principle of mutual recognition mean that a product lawfully sold in one national market shall always be lawfully sold at all other national markets within the EU internal market?

Yes

No

No

Does WTO law have direct effect in EU law?

Yes

No

No

Is there any obligation for EU Member States to support each other in the event of terrorist attack?

Yes

No

Yes

The aim of the (96/71/EC) Posted Workers Directive is to enable the free movement of persons and services and to provide protection for workers in the case of the posting of workers and the transnational provision of services.

True

Fale

True

Even if an EU conflict rule refers to the law of a non-member state, the conflict rule must be followed.

True

False

True

Can some of the provisions of the Treaty on the Functioning of the European Union have a direct impact on the Private International Law of the Member States?

True

False

True

Is there such a thing as a EuropeanCompany?

True

False

True

The (2001/23/EC) Transfers of Undertakings Directive regulates some aspects of employment protection. A transfer of an undertaking does not in itself constitute grounds for dismissal, but does not stand in the way of dismissals due to economic, technical or organisational reasons.

True

False

True

The EU mainstreaming approach as regards gender equality and non-discrimination means that the EU in all its activities and policies must aim to eliminate inequalities, to promote equality between men and women and to combat discrimination.

True

False

True

The TFEU obliges Member States to equalize their domestic taxes with that of other States.

True

False

False

Corporate income tax is a tax on capital (in the economic sense of it) and is levied on a highly mobile tax basis, especially due to the free movement of capital in the EU.

True

False

True

'Environmental protection always overrides free movement provisions in the EU legal context'. Consider this statement and answer whether you think it is:

True

False

Dependant on the legal nature of the environmental protection measure

Dependant on the legal nature of the environmental protection measure

Pursuant to the Brussels I Regulation, a person domiciled within an EU Member State (MS) can be sued in matters relating to tort in the MS where he/she is domiciled.

True

False

True

Pursuant to the Brussels I Regulation, a person domiciled within an EU Member State (MS) can be sued in matters relating to tort in the MS where the harmful event occurred.

True

False

True

A judgment given in an EU Member State must be recognized by the other Member States even when they find it manifestly contrary to their public policy.

True

False

False

A Spanish company and a French company have entered into a contract regarding research and development cooperation. The contract stipulates that it is governed by German law. This choice is of law valid.

True

False

True

Does EU law, as it is today, cover the whole Private International Law of the Member States?

True

False

False

Do you think it is possible for a member state to tax at a higher rate dividens distributed to non-resident tax payers?

Yes

No

It depends

It depends

The Commission may by decision impose fines on undertakings and associations of undertakings where, either intentionally or negligently:

(a) they infringe Article 101 or Article 102 of the Treaty; or

(b) they contravene a decision ordering interim measures under Article 8; or

(c) they fail to comply with a commitment made binding by a decision pursuant to Article 9.

For each undertaking and association of undertakings participating in the infringement, the fine shall not exceed 10 % of its total turnover in the preceding business year.

Where the infringement of an association relates to the activities of its members, the fine shall not exceed 10 % of the sum of the total turnover of each member active on the market affected by the infringement of the association.

True or false?

True

False

True

The "double identity" rule provides the proprietor with a right to prevent any sign which is identical with the trademark in relation to any goods or services.

True

False

False

The value of trademarks is decreasing in today's society.

True

False

False

An agreement within the meaning of EU competition law requires a written or at least legally binding agreement between the parties. True or false?

True

False

False

EU competition law can only be applied to entities which are recognized as companies in a member State. True or false?

True

False

False

It is necessary to consider both preliminary judgements from the ECJ on one hand and administrative decisions from EUIPO, the General Court and the ECJ on the other to fully understand EU trademark law.

True

False

True

Is it possible to divide the royalty payment obligation to relate partly to the patent, a TM and the know-how and thereby secure payments even if the patent should be invalidated?

Yes

No

No

The EU Patent Regulation has been agreed and is awaiting final ratification. Is it true that the newly established Unified Patent Court will decide on infringement procedures?

Yes

No

Yes

May a licensor who has granted a license to its invention as well as any future development require that the licensee assigns his development to the licensor?

Yes

No

No

Could novelty be destroyed by a non-scientific article?

Yes

No

Yes

Can the German patentee prevent importation of his patented protected product sold by his licensee in Spain from being imported into Germany?

Yes

No

No

Under which provision can private persons/companies bring an action for annulment against an EU measure?

A. Article 261 TFEU

B. Article 263 TFEU

C. Article 265 TFEU

D. Article 267 TFEU

B

What are valid grounds for review under the action for annulment?

A. Lack of competence

B. Infringement of an essential procedural requirement

C. Infringement of the treaties

D. Infringement of a rule of law

E. All the above

E

In which leading case did the court established the criteria for individual concern?

A. Plaumann

B. Francovich

C. Microban

D. Bergaderm

A

What is the equivalent of the action to recover damages at European level?

A. European liability

B. Contractual iability

C. Non-contractual liability

D. Non-State liability

C