Eu Exam 2017 (Resit) AB

THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS
UNIVERSITY OF LONDON LA2024 October
LLB
DIPLOMA IN THE COMMON LAW
BSc DEGREES WITH LAW
EU law
Thursday 26 October 2017: 10.00 – 13.15
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 2017
UL17/0988
Page 1 of 3
1. In Latvia, the sale from vending machines of unwrapped sugar
confectionery or similar products made using sugar substitutes is
prohibited for reasons of public health. Despite this ban, Yo-yo, a UK
company, marketed and sold in Latvia various kinds of unwrapped
chewing-gum in their vintage style vending machines. The Latvian
authorities decide to prosecute Yo-yo. Yo-yo then challenges the
decision and brings an action claiming that the Latvian rules on
confectionery hygiene are incompatible with EU law. In those
circumstances the Latvian court refers the question to the Court of
Justice of the European Union (CJEU) for a preliminary ruling.
You are the Advocate General of the case. Please submit your Opinion.
2. Fixit, a Polish company, maintains installations of Cooltec, a French

company producing industrial cooling systems. Periodically, Fixit sends
members of its staff to Cooltec in Paris, in order to carry out
maintenance. During a routine inspection carried out at the headquarters
of Cooltec in Paris, the social inspection services noted the presence of
four Polish workers, who were employed by Fixit. In accordance with
Article 5 of the relevant French Social Security law, Cooltec should have
declared to the Social Inspection Service, on the first day at work, the
names of those Polish workers and of the fact that they were employed
by a foreign company. As a consequence, Mr Dupont, the CEO of
Cooltec was prosecuted. Mr Dupont argues that Article 5 of the French
Social Security Bill constitutes an unjustified restriction to free movement
of services. The legal representative of the Social Inspection Service
argues that Article 5 cannot constitute a restriction to free movement of
services, as it is aimed at protecting the Polish workers and at avoiding
social dumping.
Advise Mr Dupont.
3. “Union citizenship is destined to be the fundamental status of nationals

of the Member States, enabling those who find themselves in the same
situation to enjoy the same treatment in law irrespective of their
nationality.” Case C-184/99 Grzelczyk (2001).
Discuss this statement in the light of restrictions regarding access to

social benefits in the Court of Justice of the European Union’s (CJEU)
case law BEFORE and AFTER the adoption of the Citizenship Directive
2004/38.
4. Is EU law supreme over all forms of Member State law? Are there any
exceptions? Consider the various arguments and discuss the relevant
case law from both the European Court and the Member State courts.
UL17/0988
Page 2 of 3
5. “Had the EU Commission not adopted Regulation 1/2003, the entire
system of enforcing Articles 101 and 102 of the Treaty on the
Functioning of the European Union (TFEU) would have been left in
jeopardy.”
Discuss with reference to the changes introduced under Regulation

1/2003.
6. Pawel is a Polish citizen. As part of his college studies, he spent one

year in the UK in 2013. In 2014 and 2015 he returned there for a stay of
approximately nine months during which he did part-time work in a
bookshop. In 2016 he returned to Poland to get married. He returned
to the UK on 1 January 2017 in order to find work. In April he claimed
jobseeker’s allowance which was refused by the British authorities on
the grounds that:
(a) he was not habitually resident in the UK;
(b) he had not been resident in the UK for an appreciable

time;
(c) pursuant to EU law he was not a worker nor did he have

the right to reside in the UK.
Advise Pawel on how EU law can assist him.
7. “The incorporation of the Charter of Fundamental Rights of the

European Union (the Charter) has now ‘brought human rights home’ for
all EU citizens. However, this is not to say that these rights were not
protected before the Lisbon Treaty.”
Discuss.
8. The EU doctrine of direct effect was forged by the Court of Justice of the
European Union (CJEU) over fifty years ago. It marks the beginning of
the Court’s role in promoting integration by giving maximum effect to
Community law. Trace the development of the principle for different
types of legislation, discussing the relevant case law, while paying
particular attention to the way in which the CJEU has interpreted the
doctrine for:
(a) Treaty Articles; and
(b) Directives.
END OF PAPER
UL17/0988
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THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA2024 October

Thursday 26 October 2017: 10.00 – 13.15

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 2017

2. Fixit, a Polish company, maintains installations of Cooltec, a French

3. “Union citizenship is destined to be the fundamental status of nationals

Discuss this statement in the light of restrictions regarding access to

Discuss with reference to the changes introduced under Regulation

6. Pawel is a Polish citizen. As part of his college studies, he spent one

(a) he was not habitually resident in the UK;

(b) he had not been resident in the UK for an appreciable

(c) pursuant to EU law he was not a worker nor did he have

Advise Pawel on how EU law can assist him.

7. “The incorporation of the Charter of Fundamental Rights of the

(a) Treaty Articles; and

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