Kings College London

This paper is part of an examination of the College counting towards

the award of a degree. Examinations are governed by the College
Regulations under the authority of the Academic Board.

LLB EXAMINATION
4FFLK905/ 4AAOB105/ 4AAYEU01 EUROPEAN LAW
SUMMER 2015
TIME ALLOWED: 2 HOURS

ANSWER ANY TWO OF THE FOLLOWING FIVE QUESTIONS

THIS IS A LIMITED OPEN BOOK EXAMINATION.

YOU MAY REFER TO YOUR OWN, UNANNOTATED COPY OF:

Foster, EU Treaties & Legislation 2014-2015 (Blackstone's Statute
Series) OR any previous edition.
THIS MAY BE HIGHLIGHTED AND TABBED, BUT NOT OTHERWISE WRITTEN
ON.
PLEASE ENSURE YOU WRITE THE NUMBER OF THE QUESTION YOU
ARE ANSWERING ON EACH PAGE AND THE EXAM COVER SHEET.
PLEASE WRITE LEGIBLY.
DO NOT REMOVE THIS EXAM PAPER FROM THE EXAMINATION ROOM
TURN OVER WHEN INSTRUCTED
2015 Kings College London

4FFLK905/ 4AAOB105/ 4AAYEU01 SUMMER 2015

1. In what ways does the case law of the European Court of Justice seek
to ensure the binding effect of directives?

2. Fratelli Formaggini is a small family company producing cheese in Italy.

Since its gorgonzola cheese is quite successful in the domestic market,
it decides to export it to other Member States. Its marketing advisors
suggest that its export strategy would be more successful if it started
exports on the eve of an important holiday, such as Easter.
In March 2015, Fratelli Formaggini starts exporting to France,
distributing gorgonzola through big supermarkets such as Carrefour and
Leclerc. On 14 March, it learns that the French shop assistants
association obtained an authorisation to go on a strike throughout the
week before Easter and that all supermarkets would be closed during
that week. Moreover, on 17 March, a Fratelli Formaggini truck was
stopped near Rodez by a group of angry farmers belonging to the Blue
Cheese Coordination association. The driver was attacked and all the
merchandise destroyed. Few policemen witnessed the incident but did
not do anything to stop the vandalism. The same happened to Fratelli
Formaggini trucks in many French regions. After Easter 2015, Fratelli
Formaggini found out not only that its plans to make a good profit in
France failed but that it registered serious losses. Owing to the shop
assistants strike, less than 2% of its merchandise was sold. Also, many
of its trucks were vandalised and it had to pay for the hospitalisation
of 12 of their drivers. It sought reparation from the French
administrative authorities but its requests were rejected.

Question continues on next page

4FFLK905/ 4AAOB105/ 4AAYEU01 SUMMER 2015

Disappointed, Fratelli Formaggini starts exploring the UK market,
hoping that it would yield riches. It finds out that a new Cheese Act
2015 has just been passed. According to section 10 of that Act, cheese
produced from unpasteurised milk cannot be sold unless the following
phrase is printed in bold on the package: This cheese might be
dangerous for your health. Fratelli Formaggini already prints in several
languages on the packaging of their gorgonzola that This cheese is not
recommended for pregnant women and young children. It considers
that the requirement imposed by the new Cheese Act will increase its
costs substantially.
Fratelli Formaggini now considers taking judicial proceedings to
recover its losses in France and against section 10 of the Cheese Act
and seeks your advice as to whether EU law can be of any help.
Advise Fratelli Formaggini.

3. It is often said that, since the inception of the European Communities,

the building of the Community (and now the European Union) legal
order has been based on a dialogue between the European Court of
Justice (ECJ) and the national courts. What do you understand by
that statement? In your view, what are the main features which
characterise that dialogue and the relationship between the ECJ and
the national courts under Article 267 TFEU?

See next page

4FFLK905/ 4AAOB105/ 4AAYEU01 SUMMER 2015

4. Best Tech Ltd (Best) is an information technology and computing
services firm registered and authorised in the United Kingdom. It has
been well-established for many years in the domestic market and now
wishes to expand to other States of the EU. Consider the following
activities that it wishes to carry out and the restrictions imposed on
them.

a) Best wishes to set up a branch in Poland. Under Polish law,

however, IT firms authorised in other EU States may only set up
business in Poland by way of subsidiary and not by way of branch.

b) Best is prohibited from providing investment services via the

internet in Spain. Under Spanish law, only IT firms which have
had an establishment in Spanish territory for a continuous period
of three years are permitted to provide advice via the internet.

c) Best wishes to acquire 30% of the share capital of a small French

IT company but, under French law, all directors of a company
that acquires a stake of more than 20% in a French company must
be resident in France and, in addition, they must be approved by
the French Ministry of Trade.

d) Best wishes to advertise its services on Greek television but

under Greek law information services and computer companies
cannot advertise on television.

Advise Best as to whether the above provisions of Polish, Spanish,

French and Greek law are compatible with the free movement
provisions of the TFEU.
See next page

4FFLK905/ 4AAOB105/ 4AAYEU01 SUMMER 2015

5. The interpretation by the European Court of Justice of the provisions
of EU law on Union citizenship and the free movement of workers is
unduly wide. The Courts reasoning is warranted neither by the text
nor by the objectives of the TFEU or of EU legislation.

Do you agree with the above statement? Give your reasons. In

answering this question, substantiate your answers by reference to
the case law of the European Court of Justice.

Final page

Kings College London

This paper is part of an examination of the College counting towards
the award of a degree. Examinations are governed by the College
Regulations under the authority of the Academic Board.

LLB EXAMINATION
4FFLK905/ 4AAOB105/ 4AAYEU01 EUROPEAN LAW
MAY 2015
TIME ALLOWED: 2 HOURS

PLEASE ENSURE YOU WRITE THE NUMBER OF THE QUESTION YOU

ARE ANSWERING ON EACH PAGE AND THE EXAM COVER SHEET.
PLEASE WRITE LEGIBLY.
DO NOT REMOVE THIS EXAM PAPER FROM THE EXAMINATION ROOM
TURN OVER WHEN INSTRUCTED
2015 Kings College London