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Actions for amluIment on the basis of Article 230 EC can be brought against

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1. Actions for amluIment on the basis of Article 230 EC can be brought against:

a) acts of the Community institutions

b) judgments of the Court of First Instance



c) conclusions of the European Council

d) laws of the Member States

2. Provision for measures on asylum and immigration is made:

a) in the Treaty establishing the European Community

b) in the Treaty on European Union

c) in a special agreement concluded in Nice in 1990

d) only in a draft Constitutional Treaty

3. Which of the following statements is true?

a) The European Union is party to the European Convention for the Protection of Human Rights and Fundamental Freedoms

b) The European Community is party to the European Convention for the Protection of Human Rights and Fundamental Freedoms

c) The European Community does not have cornpetence to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms

d) None of the three statements above is true

4. What do Articles 35 EU, 68 EC and 234 EC have in common?

a) They deal with the role of the European Parliament

b) They deal with the budgetary procedure

c) They deal with the Commission' s power of initiative

d) They deal with preliminary rulings

5. In its judgement of 14 December 2000 in Case C-344/98, Masterfoods, the Court of Justice held that where a national court has to rule on an agreement or practice whose compatibility with Community competition law is already the subject of a Commission decision:

a) it cannot take a decision running counter to that of the Commission

b) it can take a decision running counter to that of the Commission

c) it must seek a preliminary ruling from the Court of Justice

d) it can take a decision running counter to that of the Commission if an action for annulment of the Commission decision is pending before the C 15215w2214p ommunity courts

6. In its judgment of 11 February 2003 in joined Cases C-385/01 and C-l 87/01, Brügge and Gozütok, the Court of Justice ruled that the double jeopardy (ne bis in idem) principle enshrined in Article 54 of the Convention implementing the Schengen Agreement:

a) applies only to judgments handed down by the criminal courts

b) applies to certain procedures barring further prosecution by which the Public Prosecutor in a Member State discontinues a prosecution

c) applies to certain procedures barring further prosecution by which the Public Prosecutor in a Mernber State discontinues a prosecution if that procedure involved a court

d) never applies to administrative decisions

7. Under Article 38 of the Statute of the International Court ofJustice, international custom:

a) cannot be considered a source of law

b) is applied as evidence of a general practice accepted as law

c) is applied only to resolve disputes between international organisations

d) can be applied only if States refer to it in an international treaty

8. Under Article 48 EU, proposaIs for revision of the Treaties can be submitted to the Council by:

a) the Commission

b) a qualified majority of Member States

c) the European Parliament

d) the Court of Justice

9.The Court of Justice has consistently held that a Connnunity regulation

a) takes precedence over all national provisions except the constitution

b) takes precedence over aIl conflicting national provisions, whether earlier or later

c) takes precedence over aIl national provisions provided that ils provisions are sufficiently clear and precise

d) takes precedence over aIl earlier national provisions, but not over subsequent provisions

10. In its judgment of 20 September 2001 in Case C-453/99, Courage v Crehan, the Court of Justice held that a party to a contract liable to restrict or distort cornpetition within the meaning of Article 81 EC

a) can rely on the breach of that provision to obtain damages

b) cannot rely on the breach of that provision to obtain damages

c) can rely on the breach of that provision to obtain damages unless this is prevented by national law

d) can rely on the breach of that provision to obtain damages provided that the party in question had no significant responsibility for the distortion of competition

11. In its judgment of 31 March 1971 in Case 22-70, AETR, Commission v Council, the Court of Justice heId that.

a) the EEC enjoys externaI cornpetences only if they are explicitIy conferred on it by the Treaty

b) external competences can be assigned to the EEC only if it enjoys internaI cornpetences in the same area which it has exercised previously

c) the EEC does not haye any externaI competences

d) the externaI cornpetences of the EEC may flow from provisions of the Treaty conferring on it the power to adopt internal measures in a given area

12. Which of the following justifications for restrictions on imports, exports or goods in transit is not mentioned in Article 30 EC?

a) public morality

b) the protection of plants

c) the protection of national treasures possessing artistic value

d) safeguarding employment in areas affected by structural difficulties

13. Under Article 286(1) EC, Community acts on the protection of individuals with regard to the processing of personal data. and the ftee movement of such data:

a) have applied to the Community institutions and bodies since 1 January 1999

b) do not apply to the Commnunity institutions and bodies

c) apply solely to the institutions and bodies of the Member States

d) apply solely to the Community institutions and bodies

14. Under Article 174 EC, Connnunity policy on the environment is based in particular on:

a) a high level of protection

b) the precautionary principle

c) the diversity of situations in the various regions of the Community

d) none of the above

15. In its judgment of 24 November 1993 in Joined Cases C-267/91 and C-268/91, Keck and Mithouard, the Court of Justice ruled that:

a) Article 30 EC of the Treaty (now article 28 EC) is to be interpreted as not applying to legislation of a Member State imposing a general prohibition on resale at a loss

b) national legislation prohibiting the resale at a loss of goods imported from non- member countries is incompatible with Article 30 EC (now article 28 EC)

c) any trade regulation by the Member States that is liable to hinder intra-Community trade constitutes a measure having equivalent effect

d) national legislation imposing a general prohibition on resale at a loss is incompatible with Article-30 EC (now article 28 EC)

16. The European Council

a) can adopt only recommendations and opinions

b) possesses powers conferred by the Treaties under the provisions governing economic policy

c) may, under Article 7 EU, determine the existence of a serious and persistent breach by a Member State of the principles of liberty, democracy, respect for hurnan rights and fundamental freedoms

d) may adopt comrnon actions

17. A framework decision:

a) can have direct effect

b) is addressed to Member States and individuals

c) has as its objective the approximation of the laws and regulations of the Member States

d) is one of the types of act that can be adopted in the field of the common foreign and security policy

18. The Econornic and Social Committee:

a) rnust be consulted by Parliament in the cases specified by the EC Treaty

b) rnust be consulted only by the Council or the Commission

c) rnust be consulted by the Committee of the Regions in the cases specified by the EC Treaty

d) rnust be consulted by the EUropean Investrnent Bank when it approves financing proposaIs

19. Which of the following statements is correct?

a) The President of the Council may not participate in meetings of the Governing Council of the European Central Bank

b) The President of the Council may participate in meetings of the Goveming Council of the European Central Bank with the right to vote

c) The President of the Council and a Member of the Commission participate in meetings of the Governing Council of the European Central Bank with the right to vote

d) The President of the Council and a Member of the Commission may participate, without having the right to vote, in meetings of the Governing Council of the European Central Bank

20. The Protocol on the Statute of the Court of Justice:

a) is annexed to the Treaties but is not an integral part of them

b) can be amended only through ratification by the Member States

c) can be amended by the Council in certain cases

d) is not annexed to the EU Treaty

21. The European Parliament may set up a temporary Committee of Inquiry:

a) at the request o fa fifth of its members

b) after a vote in favour by two thirds of its members

c) at the request of a quarter of its members

d) on the initiative of its President, after a vote in favour by a majority of its members

22. Enhanced cooperation:

a) must involve at least two thirds of the Member States

b) may be undertaken only as a last resort when the objectives set for it cannot be attained by applying the relevant provisions of the Treaties

c) may affect the competences of non-participating Member States

d) must be confined to aspects not provided for under Community law

23. In its "Open skies"judgments of 5 November 2002 (Cases C-466/98 467/98,468/98, 69/98, 471/98, 472/98, 475/98, 476/98), the Court ofJustice recognised the Commission' s competence, on behalf of the Community

a) to negotiate air transport agreements with non-member countries

b) to conclude air transport agreements with non-member countries, subject to the provisions of the EC Treaty

c) to conclude agreements with non-member countries aimed at ensuring compliance with Community Iaw

d) acting on a mandate from the CounciI, to ratify an agreement on air transport concluded by the Member States

24. The Council must meet in the composition of the Heads of State or Govemment

a) when acting as the European Council

b) to determine breaches of human rights by a Member State

c) to decide on common strategies

d) to appoint the judges of the Court of Justice

25. The Court ofJustice judgment of 24 July 2003 in Case C-280100, Altmark, concerns:

a) abuse of a dominant position caught by the competition rules

b) state aid and services of general interest

c) an infringement of the rules governing the common market organisations under the common agricultural policy

d) concerted practices between undertakings caught by the competition rules

26. The Court ofJustice judgment of19 November 1991 in Joined Cases C-6/90 and C-9/90, Francovich and Bonifaci, was concerned in particular with the liability of

a) individuals

b) the Council of the European Union

c) the Member States

d) the Commission

27. The rules on competition:

a) do not apply to production of and trade in agricultural products

b) apply to production of and trade in agricultural products

c) apply to production of and trade in agricultural products only to the extent determined by the Council

d) apply to production of and trade in agricultural products which are not covered by a common market organisation

28. Under Regulation (EC) No 2679/98, when an obstacle to the free movement of goods occurs in the territory of a Member State, that State:

a) must take alI necessary measures to restore the free movement of goods in its territory as swiftly as possible, including measures which might restrict exercise of the right to strike

b) must take aIl necessary and proportionate measures to restore the free movement of goods in its territory as swiftly as possible

c) is not responsible if the obstacle is due to actions taken by private individuals

d) is responsible only if its action is liable to constitute an infringement of the Treaty

29. An action for failure to fulfil an obligation (Articles 226 and 227 EC) may be brought:

a) by the Commission or a Member State

b) only by the CoImnission

c) by the Council or the Commission

d) by the European Parliarnent or the Commission

30. In its judgmertt of 25 October 2005 in Joined Cases C-465/02 and C-466/02, the Court of Justice ruled tbat:

a) "fetŕ" is a generic name because it has been used for a considerable time in certain Member States other than the Hellenic Republic

b) "fetŕ" is a generic name because it is used not only in Greece but also in other countries in the Balkans and the Middle East to refer to a cheese in brine

c) the contested Regulation correctly registered the name "feta" as a protected designation of origin

d) the name "fetŕ" has become generic because it is a non-geographical term which cornes from Italian and means 'slice'

31. Under Article 216 EC, a Member of the Commission can be compulsorily retired on application:

a) jointly by the Council and the European Parliament

b) jointly by the President of the Council and the President of the European Parliament

c) by the Council or the Commission

d) by the Council or the Commission or the European Parliament

32. Actions against the Communities relating to non-contractual liability:

a) are barred after 10 years following occurrence of the event on which they are based

b) are barred after 5 years following rejection of a clairn for compensation that must have been made to the institution in question

c) are not subject to any limitation period, but actions brought belatedly may be declared inadmissible by the Court of Justice

d) are barred after 5 years following occurrence of the event on which they are based

33. The amount of the lump sum payment which the Court of Justice may impose on a Member State in application of Article 228 EC:

a) is calculated on the basis of a scale adopted by the Commission

b) is calculated on the basis of a scale adopted by the governments of the Member States by common agreement

c) is calculated as a percentage of the gross domestic product of the Member State concerned according to the seriousness of the failure to fulfil an obligation

d) is set by Court of Justice exercising the power of discretion granted to it under the EC Treaty

34. ln the procedure leading to the appointment of the President of the Commission, the Council acts:

a) by unanimity

b) by a qualified rnajority

c) by a rnajority of four fifths of its members

d) by a simple majority

35. The Lugano Convention of 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters was concluded between:

a) the Member States of the EEC

b) the Member States of the EEC and the European Free Trade Association (EFTA)

c) the Member States of the European Free Trade Association (EFT A)

d) the Member States of the EEC and COMECON (Council for Mutual Economic Assistance )

36. Which of the following can constitute a legal basis?

a) any article in the Treaties

b) a provision conferring powers

c) any act adopted by a Community institution

d) a legal precedent

37. Under Article 15 EU, a common position is:

a) the outcome of intergovernmental consultation

b) an act adopted by the Council under the codecision procedure

c) an act adopted by the Conference of Presidents of the Political Groups of the European Parliament

d) an act defining the approach of the Union to a particular matter of a geographical or thematic nature

38. Under Article 225 EC and Article 51 of the Protocol on the Statute of the Court ofJustice, an action for annulment by a Member State against an act of the Commission must be brought:

a) before the Court of Justice in aIl cases

b) before the Court of Justice as a rule

c) before the Court of First Instance in aIl cases

d) before the Court of First Instance as a rule

39. Can a complaint against the Court ofJustice be submitted to the Ombudsman?

a) Yes, in alI cases

b) No, because the Treaty EC explicitly excludes the Court from review by the Ombudsman

c) Only in certain cases

d) Yes, but only if an application bas been rejected arbitrarily

40. The "comitology" Decision:

a) includes an annex listing alI the committees that meet within the Council

b) sets out all the principles and rules laid down by the Council regarding the procedures to which the implementing powers conferred on the Commission by the Council are subject

c) lays down the rules which the Commission must folIow in setting up committees to be consulted before presenting proposaIs to the Council

d) was repealed by the Treaty of Nice


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