THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 6 EUROPEAN UNION LAW *

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1 11 June 2014 Level 6 EUROPEAN UNION LAW Subject Code L6-6 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 6 EUROPEAN UNION LAW * Time allowed: 3 hours plus 15 minutes reading time Instructions to Candidates You have FIFTEEN minutes to read through this question paper before the start of the examination. It is strongly recommended that you use the reading time to read the question paper fully. However, you may make notes on the question paper or in your answer booklet during this time, if you wish. All questions carry 25 marks. Answer FOUR only of the following EIGHT questions. The question paper is divided into TWO sections. You MUST answer at least ONE question from Section A and at least ONE question from Section B. Write in full sentences a yes or no answer will earn no marks. Candidates may use in the examination their own unmarked copy of the designated statute book: Blackstone s EU Treaties and Legislation , 24 th edition, N Foster, Oxford University Press, Candidates must comply with the CILEx Examination Regulations. Full reasoning must be shown in answers. Statutory authorities, decided cases and examples should be used where appropriate. Information for Candidates The mark allocation for each question and part question is given and you are advised to take this into account in planning your work. Write in blue or black ink or ballpoint pen. Attention should be paid to clear, neat handwriting and tidy alterations. Complete all rough work in your answer booklet. Cross through any work you do not want marked. Do not turn over this page until instructed by the Invigilator. * This unit is a component of the following CILEx qualifications: LEVEL 6 CERTIFICATE IN LAW, LEVEL 6 PROFESSIONAL HIGHER DIPLOMA IN LAW AND PRACTICE and the LEVEL 6 DIPLOMA IN LEGAL PRACTICE Page 1 of 8

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3 SECTION A (Answer at least one question from this section) 1. Critically assess how effectively the preliminary reference procedure under Article 267 TFEU has been used by the European Court of Justice to ensure the harmonious interpretation of European Union law across the states of the union. 2. (a) Explain and critically evaluate the role of the governments and other authorities of the member states in securing the effective functioning of the European Union. (11 marks) (b) Critically assess how effectively the Commission has fulfilled its function as guardian of the treaties under Article 258 TFEU. (14 marks) (Total: 25 marks) 3. The Commission is mindful that what really matters is protecting an effective competitive process and not simply protecting competitors. Extract from Guidance on the Commission's enforcement priorities in applying Article [102 TFEU] to abusive exclusionary conduct by dominant undertakings (2009). Critically assess the approach taken by the Commission and the European Court of Justice to the interpretation and application of the concepts of dominance and abuse, with particular reference to the change in approach indicated by the above statement. 4. (a) Critically assess whether the action for annulment under Article 263 TFEU is now fit for purpose in relation to non-privileged applicants. (16 marks) (b) Critically assess the extent to which a fair balance has been struck between the interests of the respective parties in relation to actions for non-contractual liability against European Union institutions under Article 340 TFEU. (9 marks) (Total: 25 marks) Page 3 of 8 Turn over

4 SECTION B (Answer at least one question from this section) Question 1 James is a United Kingdom based manufacturer of snack foods. He has consulted you in relation to a number of difficulties he has recently encountered in marketing his products in other European Union states. Advise James of his rights under European Union law in the following situations: (a) In France a trade association which is neither funded nor controlled by the state has been given the responsibility for issuing guidelines on the advertising and marketing of snack foods. In practice retailers will only stock snack foods which comply with these guidelines. One guideline prohibits the use of advertising or promotional material specifically aimed at young children in relation to the actual display of these foods in stores. James has developed a consistent brand image which covers his advertising, the design and layout of the actual displays and also the packaging of his products. This brand image is based on a link with characters in popular children s films and is intended for use throughout the European Union. James has been told by French retailers that his point of sale promotional material and product packaging do not comply with the guidelines and as a result he is unable to market his goods in France. (17 marks) (b) In Belgium an additional duty is levied on certain foodstuffs which are considered particularly unhealthy. There are two rates of duty and one of James s products, crisps made from different vegetables, has been subjected to the higher rate together with potato crisps. However, Belgianproduced crisp-like snacks made from cereal with vegetable flavouring are subject to the lower rate. As a result James is finding it difficult to market his vegetable crisps in Belgium. (8 marks) (Total: 25 marks) Page 4 of 8

5 Question 2 Art plc (Art) is a manufacturer of electronic picture frames; it has 20% of the European Union market for these. Art has developed a new form of electronic picture frame. These frames allow original artwork to be digitised and displayed as well as photographs and other digital images. Art considers that there is a market for these products in a number of European Union states but lacks the resources to develop these markets. Art is in negotiation with Bart, an experienced distributor of consumer electronic goods. Bart is willing to become the sole distributor of Art s new picture frames in France, Italy and Germany. Art already has distributors of its existing range of frames in Spain, Denmark and Sweden who are willing to take on the new form of frame. Art wishes to ensure that Bart does not distribute any other competing goods. Art is also anxious to ensure that its new frames are seen as a high status product and only wants them to be sold in high-class department stores and specialist consumer electronic dealers. Furthermore, Art is anxious to ensure that they are not sold at discounted prices. Bart is anxious to have absolute exclusivity of access to the French, Italian and German markets. Advise Art of the extent to which it is legally possible to achieve these objectives without infringing European Union competition legislation. Page 5 of 8 Turn over

6 Question 3 David is a United Kingdom citizen who moved to the Czech Republic six years ago in order to work as a lighting technician in a theatre. He was joined there three years ago by his children - Eric, who is now 22 years old, and Frank, who is now 18 years old. Six months ago David became unemployed when he was made redundant. He has been looking for work but, due to the economic situation there is little available work for lighting technicians. Eric has been attending a university in the Czech Republic. His course lasts five years. He was receiving support from the United Kingdom authorities under the (fictitious) Educational Support Regulations. He has now been told that this support is available only for the first four years of the course, although if he had been studying in England it would have covered the whole of the course. In the Czech Republic there is a (fictitious) hardship support fund for students. Eric has applied for support from this fund but his application has been rejected because he is not a Czech citizen. Frank is supporting himself by casual work as a barman and labourer at a trade exhibition centre. He has recently met Ginevra, who has entered the European Union from Moldova, of which she is a citizen, and has made an unsuccessful application for asylum. He wishes to marry Ginevra. Ginevra is, however, under investigation by the Czech police on suspicion of involvement in a large-scale conspiracy to facilitate illegal immigration and benefit fraud. Advise David, Eric, Frank and Ginevra of the extent to which they can avail themselves of European Union law in order to protect their interests in relation to access to public funding and rights of residence. Page 6 of 8

7 Question 4 The (fictitious) Directive 2010/21 - The Health and Safety (Educational Establishments) Directive - includes the following provisions relating to specific health and safety measures: (i) (ii) All the desks and tables in classrooms must be fitted with castors and locking devices. Instructors in classrooms fitted with computer projection or similar audiovisual equipment must not be required to work for more than 2 hours without a 30 minute rest break and must be offered an eye test at intervals of not more than 12 months. The UK s (fictitious) Educational Safety Act 2013 contains the following provisions: (i) In classrooms which are designated as having a flexible layout the desks and chairs must be so designed and constructed as to be capable of being moved and anchored effectively. (ii) Instructors using audiovisual equipment shall take a 30 minute rest after 2 hours actual operation of the equipment and will be reimbursed the cost of one eye test in each calendar year. Jane is a teacher at a private school in England, and Latifah is a teacher at a state school there. Each has suffered a similar injury while moving desks. In each case the classroom in question had not been formally designated as having a flexible layout, but Jane and Latifah had each been instructed to move the desks for the purposes of a particular class. The injury occurred when desks slid, causing both Jane and Latifah to fall. The desks were of a type which did not have locking devices. Both Jane and Latifah work in classrooms fitted with computer projection equipment. They actually use this irregularly. However, there have been occasions when they were scheduled to teach for more than 2 hours without a 30 minute break and were using the computer projection equipment for part of this time. Neither Jane nor Latifah has been offered an eye test since January 2013 when the Act came into force. Advise Jane and Latifah whether and if so how they can rely on European Union law before the English courts to secure appropriate remedies including damages. End of Examination Paper 2014 The Chartered Institute of Legal Executives Page 7 of 8

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