European Law and European Union

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European Law and European Union

Intro

European Law and European Union

summaries, study notes and international internships and volunteering

What is European law?

What is European law?

European Law is a specialized field of study focusing on the legal framework of the European Union (EU). It equips individuals with the knowledge and skills to:

  • Understand the sources and institutions of EU law.
  • Analyze the application of EU law in member states.
  • Advise on legal issues related to the EU, including internal market regulations, competition law, and human rights.
  • Represent clients in disputes involving EU law.

What are the main features of European law?

  • Supranational Legal System: EU law exists above national laws of member states in certain areas.
  • Treaty-Based Framework: The core principles and objectives of EU law are established in founding treaties.
  • Direct Effect: EU law can be directly enforced in national courts under certain circumstances.
  • Dynamic and Evolving: EU law constantly evolves through new regulations, rulings, and interpretations by the European Court of Justice (ECJ).

What are important sub-areas in European law?

European Law encompasses a diverse range of sub-areas:

  • Institutional Law: Examines the structure and functioning of EU institutions (Commission, Council, Parliament, etc.).
  • Internal Market Law: Focuses on the free movement of goods, services, people, and capital within the EU.
  • Competition Law: Ensures fair competition by prohibiting anti-competitive practices like cartels and monopolies.
  • Economic and Monetary Union (EMU) Law: Governs the eurozone, economic policies, and the European Central Bank (ECB).
  • Environmental Law: Addresses environmental protection within the EU and its member states.
  • Human Rights Law: Analyzes the application of the European Convention on Human Rights (ECHR) within the EU context.
  • External Relations Law: Deals with the EU's international trade agreements and relations with non-member states.

What are key concepts in European law?

  • Supremacy of EU Law: In areas where EU law applies, it takes precedence over national law of member states.
  • Direct Effect: EU regulations can be directly invoked by individuals before national courts under certain conditions.
  • Indirect Effect: EU directives require member states to implement national laws that achieve the objectives of the directive but do not grant individuals direct rights.
  • Free Movement: EU law guarantees the free movement of goods, services, people, and capital within the internal market.
  • Four Freedoms: The fundamental principles of the internal market - free movement of goods, persons, services, and capital.
  • Subsidiarity: Decisions should be taken at the most local level possible, with the EU intervening only when necessary.

Who are influential figures in European law?

Several figures have significantly shaped European Law:

  • Jean Monnet: Considered one of the "founding fathers" of the EU, he advocated for a supranational legal system.
  • Walter Hallstein: First President of the European Commission, he played a crucial role in developing the early institutional framework.
  • Manuela Ferreira Pinto: A prominent legal scholar and judge at the ECJ, she made significant contributions to the interpretation of EU law.

Why is European law important?

European Law is crucial for:

  • Functioning of the EU Single Market: Provides a legal framework for free movement of goods, services, people, and capital within the EU.
  • Ensuring Fair Competition: Promotes a
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What is the European Union?

What is the European Union?

The EU is a political and economic union of 27 European member states. It fosters cooperation and integration among them, aiming to:

  • Promote peace and stability in Europe.
  • Create a single market with free movement of goods, services, people, and capital.
  • Strengthen economic and political ties between member states.
  • Act as a unified voice on the global stage.

What are the main features of the European Union?

  • Supranationalism: EU institutions like the Parliament and Commission have some authority above national governments in specific areas defined by treaties.
  • Shared Sovereignty: Member states cede some decision-making power to the EU in these areas for common goals.
  • Treaty-Based Framework: Founding treaties like the Treaty on European Union (TEU) establish core principles and limitations of the EU.
  • Economic and Political Integration: Creates a single market and fosters cooperation on various policy issues.
  • Dynamic and Evolving: The EU constantly adapts through new treaties, regulations, and court rulings.

Why is the European Union important?

  • Economic Powerhouse: The EU is the world's largest single market and a major trading bloc, influencing global trade and economic policies.
  • Promotes Peace and Stability: The EU's focus on cooperation and shared interests has helped prevent major conflicts between member states.
  • Strengthens Human Rights: The EU promotes democracy, human rights, and the rule of law within its borders and through its international relations.
  • Sets Global Standards: The EU plays a significant role in setting standards for product safety, environmental protection, and labor rights.

How is the European Union applied in practice?

  • Single Market: Businesses can operate freely across member states without customs barriers, boosting economic activity.
  • Common Agricultural Policy (CAP): Supports European farmers and ensures food security.
  • Erasmus+ Program: Promotes student and faculty exchange across member states.
  • Environmental Regulations: Establishes common standards for air and water quality, waste management, and climate change action.

Practical example

  • Schengen Area: Allows passport-free travel for citizens of 26 European countries, promoting tourism, business, and personal connections.

Critical comments

  • Democratic Deficit: Critics argue decision-making processes within the EU are too complex and lack transparency.
  • Economic Disparities: The level of economic development varies significantly among member states, creating challenges for integration.
  • Euroscepticism: Some people and political movements in member states oppose further EU integration and question its effectiveness.
  • Migrant Crisis: The EU has faced challenges in developing a unified response to migration issues.
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List of abbreviations for European Union Law

List of abbreviations for European Union Law

List of Abbreviations

  • CFSP - Common Foreign and Security Policy
  • Coreper - Committee of Permanent Representatives
  • EAEC - European Atomic Energy Community
  • EAW - European Arrest Warrant
  • ECB - European Central Bank
  • ECSC - European Coal and Steel Community
  • EEA - European Economic Area
  • EEAS - the European External Action Service
  • EDC - European Defense Community
  • EEC - European Economic Community
  • EFTA - European Free Trade Association
  • EHCR - European Convention on Human Rights
  • EMS - European Monetary System
  • EMU - Economic and monetary Union
  • EPC - European Political Community
  • ESCB - European System of Central Banks
  • ETS - Emission Trading System
  • EU - European Union
  • IGC - Intergovernmental Conference
  • INP - Innominate non-legislative procedure
  • JHA - Justice and Home Affairs
  • NCA - National Competent Authority
  • OEEC - Organisation for European Economic Co-operation
  • OLP - Ordinary legislative procedure
  • PSO - Public Service Obligation
  • SEA - Single European Act
  • SGEI - Service of General Economic Interest
  • SLP - Special legislative procedure
  • TEU - Treaty on European Union
  • TFEU - Treaty on the Functioning of the European Union
  • TSCG - Treaty on Stability, Coordination and Governance
  • USO - Universal Service Obligation
  • WFD - Water Framework Directive
  • CIS - Common Implementation Strategy

Source and more information, see the summary with European Union Law of Barnard & Peers below:

Summary with European Union Law - Barnard & Peers - 2nd edition
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Summary with European Union Law - Barnard & Peers - 2nd edition

Summary with European Union Law - Barnard & Peers - 2nd edition

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How can the European Union be legitimized? - Chapter 1

What is the European Union about?

The European Union (EU) is a legal construct: the law is central. The EU provides flexible regulation through law. Of course politics is an important part of the EU as well, but in this book the law (set in the political context) is the main subject.

How did European Union law develop?

Economic integration

The EU used to put their main focus on the four freedoms: the free movement of goods, persons, capital and services. It also used to focus on competition law and state aid. This focus on economic integration was

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Samenvattingen: de beste studieboeken voor Europees recht en de Europese Unie samengevat

Samenvattingen: de beste studieboeken voor Europees recht en de Europese Unie samengevat

Samenvattingen en studiehulp bij Europees recht en de Europese Unie

Inhoudsopgave

  • Samenvatting bij het boek: EU law: Text, Cases, and Materials van Craig en De Burca - 6e druk
  • Samenvatting bij het boek: An introduction to European law van Schütze - 1e druk
  • Samenvatting bij het boek: European Union Law van Chalmers - 2e druk
  • Samenvatting bij het boek: Europees Recht: Algemeen deel van Eijsbouts e.a. - 6e druk
  • Samenvatting bij het boek: Recht van de Europese Unie van Amtenbrink en Vedder - 3e druk
  • Samenvatting bij het boek: Hoofdstukken uit de Europese codificatiegeschiedenis van Lokin en Zwalve - 5e druk
  • Samenvatting bij het boek: Hoofdstukken uit de Geschiedenis van het Europese Privaatrecht I: Inleiding en zakenrecht van Zwalve - 3e druk

Over Europees recht en de Europese Unie

  • De Europese Unie (EU) is een politieke en economische unie van 20+ lidstaten die in Europa gelegen zijn. De EU heeft als doel de samenwerking tussen de lidstaten te bevorderen op verschillende gebieden, zoals handel, landbouw, visserij, milieu, en sociaal beleid. Europees recht is het rechtssysteem dat geldt binnen de EU. Het omvat wetten die door de EU-instellingen zijn vastgesteld, evenals jurisprudentie van het Hof van Justitie van de Europese Unie.
Samenvatting van EU law: Text, Cases, and Materials van Craig en De Burca - 6e druk
Boeksamenvatting bij de 1e druk van An introduction to European law van Schütze
Samenvatting van European Union Law van Chalmers - 2e druk
Boeksamenvatting bij de 6e druk van Europees Recht: Algemeen deel van Eijsbouts e.a.
Boeksamenvatting bij de 6e druk van Recht van de Europese Unie van Amtenbrink en Vedder
Boeksamenvatting bij de 5e druk van Hoofdstukken uit de Europese codificatiegeschiedenis van Lokin en Zwalve
Samenvatting van Hoofdstukken uit de Geschiedenis van het Europese Privaatrecht I: Inleiding en zakenrecht van Zwalve - 3e druk
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Samenvattingen: de beste wetenschappelijke artikelen voor Europees recht samengevat

Samenvattingen: de beste wetenschappelijke artikelen voor Europees recht samengevat

Artikelsamenvattingen Europees recht

Waar gaat deze pagina over?

  • Soort: samenvattingen van wetenschappelijke artikelen en academische papers
  • Taal: Nederlands
  • Toegang: publiek toegankelijk

Waar kan je hierna heen?

Lees verder voor de samenvattingen per artikel

Artikelsamenvatting bij Welke juridische ontwikkelingen hebben plaatsgevonden tussen 1950 en 2016?
Artikelsamenvatting bij Wat is het verband tussen soevereiniteit en integratie binnen de Europese Unie? van Cuyvers
Artikelsamenvatting bij Press Release No. 70/2017 van de Europese Commissie - 2017
Artikelsamenvatting bij Brexit: over and out? van Van den Bogaert en Cuyvers - 2016
Artikelsamenvatting bij Negatief advies van het Hof van Justitie over de toetreding van de EU tot het EVRM. Na de euro-crisis, nu een grondrechtencrisis? van Barkhuysen en Bos - 2015
Artikelsamenvatting bij Hoe worden de rechten van de mens in de EU beschermd? van Lawson
Artikelsamenvatting bij Brexit Blues: They still haven’t found what they’re looking for ... van Van den Bogaert en Cuyvers - 2019
Artikelsamenvatting bij Brexit & de EU: You can’t always get what you want... van Van den Bogaert en Cuyvers - 2018
Artikelsamenvatting bij De arresten ruiz zambrano en McCarthy: Het Hof van Justitie en het effectieve genot van EU-burgerschapsrechten van Mei, Van den Bogaert en Groot - 2011
Artikelsamenvatting bij Als de rook om je hoofd is verdwenen... enkele bedenkingen bij het woonlandbeginsel voor toegang tot coffeeshop - Van den Bogaert en Rijpma - 2010
Artikelsamenvatting bij Bekendmaking van de Commissie inzake de bepaling van de relevante markt voor het gemeenschappelijk mededingingsrecht (97/C372/03) - 1997
Artikelsamenvatting bij Mededeling van de Commissie betreffende immuniteit tegen geldboeten en vermindering van geldboeten in kartelzaken, PB 2006, C298/11 - 2006
Artikelsamenvatting bij Mededeling van de Commissie betreffende overeenkomsten van geringe betekenis die de mededinging niet merkbaar beperken in de zin van artikel 101, lid 1 VWEU - 2014
Artikelsamenvatting bij Persbericht van de Commissie – Mededingingsbeleid: Commissie legt Google boete van 4.34 miljard euro op wegens illegale praktijken met Android-toestellen om de machtspositie van de zoekmachine van Google te versterken, IP/18/4581
Artikelsamenvatting bij Commissiebesluit - Vrijstelling vennootschapsbelasting voor overheidsondernemingen - 2016
Artikelsamenvatting bij Europese Commissie Persbericht: ‘Staatssteun: Ierland kende Apple tot 13 miljard EUR verboden belastingvoordelen toe van Brussel- 2016
Artikelsamenvatting bij Europese Commissie Persbericht: ‘State aid: Commission refers Ireland to Court for failure to recover illegal tax benefits from Apple worth up to €13 billion’ van Brussel - 2017
Artikelsamenvatting bij Europese Commissie Persbericht: ‘State aid: Commission investigation did not find that Luxembourg gave selective tax treatment to McDonald's’ van Brussels - 2018
Artikelsamenvatting bij Persbericht van het HvJ nr. 118/19 inzake Fiat (zaak C-755/15 Luxembourg v Commission en T-759/15 Fiat Chrysler Finance Europe v Commission)
Artikelsamenvatting bij Persbericht van het HvJ nr. 119/19 inzake Starbucks (zaken T‐760/15 en T‐636/16, Starbucks)
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European law - UU - Practice materials

European law - UU - Practice materials

This bundle contains practice exams to be used with the course european law at the university of Utrecht.

European Law - UU - Practice exam 2018-2019

European Law - UU - Practice exam 2018-2019

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Questions

Question 1

Equal Treatment (15 points max)

Joanna, a young Dutch woman residing in the Netherlands, is fond of her birthplace Goes, located in the province of ‘Zeeland’. She has never crossed borders, not even to other provinces within the Netherlands. She has always dreamt of a career at a mussel factory. To her joy, the mussel factory “Uitjeschelp” currently is seeking for new employees. Its advertisement reads: “Are you a man and do you like mussels? Then you are the musselman we are looking for!” Explain whether a job advertisement excluding female applicants is allowed under EU law and whether it is relevant that Joanna has never crossed the border.

Question 2

EU citizenship (7 points max)

What is reverse discrimination? Please give an example.

Question 3

Freedom to provide services and right of establishment (25 points max)

Arjen Berendam is a Dutch law student participating in an Erasmus exchange program at the University of Bologna. While playing football he injured his knee. He was brought to the hospital where he was told that he needed a MRI-scan for a diagnosis. Arjen filed a request for prior authorization for the reimbursement of the costs of the hospital treatment with his Dutch health insurance company AZ. However, he did not wait for AZ’ response and had the MRI-scan in the hospital in Italy. AZ refuses Arjen’s request for authorization and does not substantiate its refusal. Under the national legislation there is no possibility to challenge this refusal. In its insurance policy, AZ indicates that the substantive criterion for authorization of hospital treatment in other EU Member States is that the costs may not unreasonably exceed the costs of similar treatments in the Netherlands. Dutch legislation prescribes that patients must request a prior authorization from insurance companies for hospital treatment in other EU Member States. The requirement is meant to guarantee the financial balance of the social security system. According to this legislation, health insurance companies enjoy discretion in determining the criteria and procedure upon which approval depends. Is the Dutch legislation compatible with EU Law, in particular with the free movement of services as enshrined in Article 56 TFEU?

Question 4

Article 102 TFEU (6 points max)

Explain what the SSNIP test is.

Question 5

Free movement of workers and posting of workers (12 points max)

Are migrant workers and economically inactive EU citizens entitled to equal treatment with the nationals of a host Member State with regard to the conditions for obtaining student loans? Explain.

Question 6

Mergers (15 points max)

Explain the differences between horizontal, vertical and conglomerate mergers and their potential effects on competition in the relevant market.

Question 7

The area of freedom, security and justice (20 points max)

Ole Lauritsen is the leader of a group of alt-right activists in Denmark. On the evening of 15 October

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European Law - UU - Practice exam 2017-2018

European Law - UU - Practice exam 2017-2018

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Questions

Question 1

Quaglia is a big manufacturer of dry pastas and is based in Italy. Quaglia appoints local distributors to sell its product in each country. The market for pastas in Europe is very competitive so the distributors will only sell Quaglia's products if Quaglia agrees to grant them each an exclusive territory in which Quaglia will not supply any other distributors. In return, the distributors agree that they will not sell pastas made by competing manufacturers and that they will follow Quaglia’s advisory retail minimum price. To maintain their protection, the distributors have persuaded Quaglia to insert a standard clause on all distribution agreements, namely: that the distributors are not to sell in each other’s' territories, nor supply customers from each other’s' territories. Quaglia's market share is around 20% and each of its distributors have a market share of 15%.

Question 1a

Assess whether these agreements are compatible with EU law. Refer to the relevant provision(s) of EU law, and state your reasoning step by step. Also mention whether possible exceptions apply. (20 points)

Question 1b

What changes, if any, would you recommend to make to the agreements inorder for them to comply with EU law? (5 points)

Question 2 (15 points)

With the entry into force of the Lisbon Treaty the most significant deepening of the integration process occurred in the field of criminal law. Give your opinion on the following statement: “Police and judicial cooperation in criminal matters in Europe has become more supranational.” Provide one argument in favour of this position and one argument against it. Explain your answer.

Question 3 (15 points)

Tesla-Watt is the first electric car manufacturer in Europe. In 2009, when Tesla-Watt was established in Germany, there were no other firms selling e-cars in Europe (see table below). The commercial strategy of Tesla-Watt is to position the e-cars as a luxury alternative to the “regular” cars, so as to sell it at premium prices. Since 2010, the Swedish car manufacturer Volvy has introduced an alternative brand for e-cars to the European market, which are comparable in quality to the German e-cars. Volvy has adopted a different marketing strategy: it follows a mass-market approach, selling e-cars at low prices. Volvy is able to sell its e-cars at a price 25% lower than Tesla-Watt. The market shares of the two companies over the years in Europe have been as follows:

Year2009201020112012
Tesla-Watt100%90%75%60%
Volvy0%10%25%40%

In 2010 demand forecasts at Tesla-Watt were significantly positively biased, implying that in 2011, the demand levels would significantly be exceeded. As the overly optimistic forecasts failed to meet their expectations, Tesla-Watt was left with an excess in stock in 2011. It decided to launch a special campaign

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European Law - UU - Practice exam 2016-2017

European Law - UU - Practice exam 2016-2017

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Questions

Question 1

Explain the difference between EU citizenship and the free movement of workers. What is the added value of EU citizenship? In your answer, refer to relevant legislation. (15 points)

Question 2

The Dutch Museum for Comic Books wants to scan every comic book in its collection but doesn't have the money to buy an advanced book scanner. The municipality of Heerlen, in which the museum is located, is considering to offer the museum a 750.000 euro subsidy. This subsidy would have to be used by the museum to buy the latest Book Scanner 3000XL, a professional book scanning machine. The museum director would be very happy with such a generous subsidy as it would enable the museum to open an 'online' branch and become the first online comic book museum. Visitors of this new online museum would have to buy a 5 euro ticket to get access to the museum's comics. Should the Dutch municipality of Heerlen notify the European Commission of its plans? And if so, on what basis? In your answer, refer to relevant legislation and case law. (20 points)

Question 3

Jan works in Belgium and resides in The Netherlands - his home Member State - where he has a (basic) health insurance. His employer offers additional health care coverage to his employees, on the condition that the (basic) health insurance is from an insurance company established in Belgium. Motivate whether this condition is contrary to EU law. In your answer, refer to relevant legislation. (15 points)

Question 4a

The Area of Freedom, Security and Justice is a particular policy field in the EU law as the Member States are not eager to lose control over the issues falling within this area, such as immigration and asylum. Yet, cooperation in criminal and police matters is necessary as borders have been lifted between the Member States. Which principle has been promoted by the European Council to develop judicial cooperation in civil and criminal matters between the Member States? What does this principle entail and where can you find it in the Treaties? (5 points)

Question 4b

What concrete legal instrument can you name as to how this principle is operationalized? How does this instrument function? Explain your answer by referring to relevant legislation. (10 points)

Question 5

Amy - a Dutch national - wishes to move to Spain and perhaps open a bed and breakfast. She has been successfully employed in the hospitality business in her home Member State. She is not sure as to whether starting her own business is a viable option for her, but nonetheless, she has the intention of moving to Spain permanently. Under what conditions is Amy able to reside in Spain for the first year? Explain your answer by referring to relevant legislation and case law. (15 points)

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European Law - UU - Practice exam 2012/2013

European Law - UU - Practice exam 2012/2013

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Questions

Question 1

Frizzz is an undertaking having its headquarters in Berlin, Germany. Frizzz is producer of different types of soft drinks. The factories that produces the soft drinks distributes direcly to retail stores in Germany, Belgium, the Netherlands and Spain. Since 2010, X chooses to focus on producing only a few juices, which have been successful over the years. Specifically, X produces orange juice and apple juice.

In the market for distribution of orange juice Frizzz has a market share of 51% in Germany, 47 % in Belgium, 37% in the Netherlands and 28% in Spain. At the European level Frizzz has a market share of 45%, where its main competitors are Juicy and Fresh, both registered in Italy and both distributing their products in the German, Spain, Belgian and Dutch markets. Juicy has a market share of 23% at the European level while Fresh has a market share of 22% at the European level. Juicy and Fresh use the same business model as Frizzz which entails direct distribution to retailers, no wholesalers being involved. During 2010, 2011 and 2012 the prices for orange juice have increased steadily. The table below shows the evolution of prices for the X, Y and Z backpacks throughout these years.

End of 2010 End of 2011 End of 2012

X €45 €47 €49

Y €46 €48 €50

Z €42 €49 €51

The CEO's of Juicy and Fresh went to the same conference in Madrid with the same AirSpain flight departing from Amsterdam, sharing neighbouring business class seats. During the flight and also during the conference they discussed important aspects with regard to the production and distribution of mountaineering equipments in Europe. They both manifested their concern with regard to the costs of the ingredients their companies use for their products; they also exchanged opinions on how their know-how and testing specialists were accustomed to work and, most importantly, they agreed that based on their companies’ production and having in mind the costs incurred, the prices charged for their products are the ‘correct’ ones. Moreover, the two CEO’s were on the same page when talking about the price for the orange juice which they believed should not go below € 1,75 per bottle. During the second day of the conference, they met up with the CEO of Frizzz, with whom they had lunch and a couple of drinks together during the final conference reception. The three CEO’s agreed to keep in touch in the future and maybe organize a nice vacation in the near future.

Since the conference, the CEO’s of Juicy and Fresh exchange constant courtesy emails and phone calls; occasionally, they also send birthday cards to the CEO of Frizzz. In january 2011 the CEO of Frizzz decides not to return the courtesy and moreover, contemplates changing his business plans in the near future. For the.....read more

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European Law - UU - Practice exam 2011/2012

European Law - UU - Practice exam 2011/2012

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Open questions

Question 1

Bloemella is the main producer of liqourice and treacle waffles in the Netherlands. Its shops can mainly be found in Dutch train stations. Their success is due to the way the liqourice and treacle waffles are produced and distributed: each shop has a system of unique small boxes, which keep the candy and cookies fresh and delicious up to the moment that they are sold. Bloemella decides to expand its business activities in other European countries, namely Germany, Italy and Spain. Bloemella concludes several distribution agreements with local retailers in these countries, which aim at becoming Bloemella’s official distributors. Bloemella requires the applicant distributor to satisfy two conditions:

  • One of the employees of the applicant distributor should attend a three-week course in Utrecht to learn Bloemella’s business model.

  • The distributor is required to introduce the system of small boxes that is used by Bloemella in the Netherlands in order to safeguard the freshness of the flowers in these countries.

Vilanova is a store placed in Barcelona Central station which sells cookes and candy. Vilanova would like to become one of the official distributors of Bloemella. However, it does not have the system of small boxes requested by Bloemella. In addition, Vilanova is not sure if its clients would like to buy the liqourice and waffles. Finally, Vilanova believes that its employees know how to sell their products, without the need to pay for a training course in Utrecht to learn how to do it. Therefore, Vilanova does not consider such investments necessary. Vilanova submits a complaint to the Spanish Competition Authority arguing that the distribution agreement that Bloemella intends to conclude with its distributors is in breach of the competition law rules. At the same time, German and Italian shops submit similar complaints to their national competition authorities. The European Commission is informed of the proceedings in the different Member States. The European Commission would like to avoid national competition authorities reaching different outcomes in the assessment of the compatibility of Bloemella’s network of agreements with competition law.

Question 1a

On what legal basis can the European Commission rely in order to claim jurisdiction over the case?

The European Commission obtains jurisdiction over the case and it opens formal investigations. The European Commission defines the product market as the market for the production of liqourices and treacle waffles. This product market has a local geographic dimension. The average market share of Bloemella in these relevant markets is 70-80% in the Netherlands, and 30-40% in Germany, Italy and Spain.

Question 1b

What would be the Commission’s assessment on the compatibility of the agreement with the EU competition law rules?

Question 2

Madeleine is a citizen of the United Kingdom who has worked as a sex worker in Liverpool for.....read more

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European Law - UU - Additional practice exam (1)

European Law - UU - Additional practice exam (1)

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Questions

Question 1 (25 points)

Online Betting Ltd. is a company, based in Ireland, involved in digital betting. The company wants to expand its betting activities in the European Union, in particular in Germany, Belgium and Spain. With a view to offer digital betting services to Spanish consumers, Online Betting Ltd. seeks to obtain a license from the Spanish gaming authority. To qualify for an digital betting license, all operators should provide evidence that they meet certain requirements, including financial, technical and social requiremetns of the business.
After a period of liberalization the Spanish government (after being increasingly confronted with Spaniards having become addicted to betting) intends to adopt more stringent rules to avoid the possible negative effects associated with the betting industry. It therefore proposes to amend the Spanish legislation and include requierements for obtaining an digital betting license the requirement that the operator should also have a fixed establishment in Spain. You are asked as a legal advisor to the Spain government to assess whether the proposed amendment complies with EU law, in particular with the free movement of services provision. Please argue whether and why EU law may be violated and/or whether and why a justification ground is available for the Spanish state? Please refer to relevant case law of the ECJ and explain whether or not the Services Directive may be relevant here.

Question 2 (25 points)

Question 2a (12 points)

Juanes is of Spain nationality. He came one year ago to the Netherlands to study at the Utrecht University. He is an amateur football player in the Netherlands. The Dutch ministry of education gives 450 euro per year for each amateur sportsmen as expenses for the costs, since it wants to encourage doing sports. This subsidy is given to persons of Dutch nationality only. Suppose that Charles wants to fight a rejection of a claim for this subsidy. Which arguments can he put forward?

Question 2b (13 points)

Suppose that also another Spanish student, Pedro, is playing in this football team, and is refused this subsidy. The student came two years ago as a member of the family of his father and mother who both found a job in the Netherlands. Does the approach for Juanes also apply for Pedro?

Question 3 (25 points)

Question 3a (15 points)

To be recruited as an supervisor in a special unit of the police service (which needs to perform in case of emergency) national legislation requires one to be no older than 35 years. Is this
requirement contrary to EU legislation?

Question 3b (10 points)

If national legislation required one to be male in order to be recruited as an supervisor in the police service in general, which (art. 19 TFEU-)directive would be applicable to conclude on whether it regards an infringement of EU legislation? On the basis of which.....read more

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European Law - UU - Additional practice exam (2)

European Law - UU - Additional practice exam (2)

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Questions

Question 1 (25 points)

Within the context of EU legislation seeking to improve the air quality in Europe, France is required as from 1 February 2015 to implement standards on fine dust (PM10) and nitrogen dioxide (NO2) below the maximum threshold set at EU level. With a view to comply with these standards, the Community of Paris adopted an ‘Action Plan for Air Quality’. Next to certain specific measures to promote the use of more environmentally friendly transportation of goods, like the electric car, the Community of Paris also decided to prohibit diesel cars older than 9 years and petrol cars older than 13 years from accessing the city center as from December 2014. The Italian Bruno Maldini is the owner of a 24-hour-Oldtimer Service, established in the Italian community of Pisa. Demoulin is staggered by the plans of the Community of Utrecht, as his company regularly rents out oldtimers (cars which are more than 25 years old) for wedding ceremonies in the center of Paris. He therefore seeks advice from his lawyer to hear which arguments based on EU law and in particular the EU rules on free movement he can raise to challenge the Action Plan of the Community of Paris.

Which arguments could he raise before the District Court of Paris to challenge the decision of the Community of Paris? Please motivate your answer carefully by referring to relevant case law of the Court of Justice.

Question 2 (25 points)

Question 2a (10 points)

Students studying at a university in Estonia have to pay an enrollment fee of 3,000 euro per year if they follow an English language master in psychology. Students who follow a Estonian language master in this area pay 400 euro per year. Foreign students complain about this difference, they also want to pay the lower fee.

What arguments are useful to put forward by the students? (NB the assessment of the arguments is subject of b)

Question 2b (15 points)

What criteria will the Court of Justice use to give an answer to the ques whether this difference in fees is allowed? How will they be applied in this case?

Question 3 (25 points)

You may assume it regards an EU matter. Refer to the relevant articles and requirements while concluding which EU legislation is applicable and possibly holds grounds for infringement.

Question 3a (10 points)

Which (art. 19 TFEU-)directive is applicable to the situation whereby a same sex life partner of a deceased employee is refused access to the occupational scheme providing for survivors benefits?

Question 3b (10 points)

The benefit was refused based on the requirement that only a surviving spouse could apply for such benefit. National law reserved marriage solely to persons of different sex, but it had established life partnership with equivalent conditions. Elaborate on whether this national law is contrary to.....read more

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European Law: Samenvattingen, uittreksels, aantekeningen en oefenvragen - UU

European Law: Samenvattingen, uittreksels, aantekeningen en oefenvragen - UU

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  • In deze bundel worden o.a. samenvattingen, oefententamens en collegeaantekeningen gedeeld voor het vak European Law voor de opleiding Rechtsgeleerdheid, jaar 2 & 3 aan de Universiteit Utrecht
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Image Summary with European Union Law - Barnard & Peers - 2nd edition
Summary with European Union Law - Barnard & Peers - 2nd edition
Image Samenvatting bij de 2e druk van Grondrechten: De nationale, Europese en internationale dimensie van Gerards et al.
Samenvatting bij de 2e druk van Grondrechten: De nationale, Europese en internationale dimensie van Gerards et al.
Image Bouchereau (Case 30/77) - Arrest
Samenvatting arrest: Bouchereau (Case 30/77) - Arrest
Image Commissie tegen Polen (Order C-441/17) - Arrest
Samenvatting arrest: Commissie tegen Polen (Order C-441/17) - Arrest
Image Corbeau (Case C-320/91) - Arrest
Samenvatting arrest: Corbeau (Case C-320/91) - Arrest
Image Delimitis (Case C-234/89) - Arrest
Samenvatting arrest: Delimitis (Case C-234/89) - Arrest
Image Samenvattingen: de beste wetenschappelijke artikelen voor Europees recht samengevat
Artikelsamenvattingen Europees recht Waar gaat deze pagina over? Soort: samenvattingen van wetenschappelijke artikelen en academische papers Taal: Nederlands Toegang:...
Image Humblot (Case C-112/84) - Arrest
Samenvatting arrest: Humblot (Case C-112/84) - Arrest
Image Procureur du Roi tegen Benoit en Gustave Dassonville (Zaak 8/74) - Arrest
Samenvatting arrest: Procureur du Roi tegen Benoit en Gustave Dassonville (Zaak 8/74) - Arrest
Image Conegate / HM Customs & Excise - Arrest
Samenvatting arrest: Conegate / HM Customs & Excise - Arrest
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Samenvattingen: startpagina per studie en studierichting in Nederland
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Image Europees recht jurisprudentiebundel aanpakken
Groepeer in uw eigen inhoudsopgave de zaken per onderwerp. Maak per collegeweek dat u colleges heeft gehad een lijstje te maken met de zaken die besproken zijn en op de...
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Duke-Leiden Institute in Global and Transnational Law The Duke-Leiden Institute in Global and Transnational Law is a one-month residential programme providing a strong...
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    What social activities can you do abroad?

    • Opportunities are found in the areas of helping, learning or studying. You can get involved to volunteer in a social project at a school in Africa, Asia or Latin America. You can get involved in nature, in a project with animals or cleaning the sea or beaches. Those who want to learn more can choose for example a language course in Latin America, Spain or South Africa.
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    What work related activities can you do abroad?

    • If you want to gain work experience, and/or also earn money, go and work abroad. You can combine backpacking in Australia with temporary work. You can work on campsites in Europe or bush camps in Africa. You can pretty much go all over the world to work in the hospitality industry, hotels and hostels, in the healthcare sector or for example at a diving school.
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    What sports activities to do abroad?

    • Have you ever thought of mountain biking, rafting (going down a wild river on a raft or rubber dinghy, climbing or canoeing), survival (which involves building rafts, climbing or canoeing), abseiling (descending a rock face while secured to ropes), zip-lining (whizzing down a cable), canyoning (starting at the top of a river and then climbing, swimming, diving down the bed) or caving (scrambling, wriggling and crawling through caves and crevices)?
    • Maybe you feel more comfortable on a bodyboard (on a half-wave surfboard, you surf the high waves lying down-with flippers), on a hang glider or while paragliding (with a parachute you float down a mountain or dune), hydrospeeding (on a bodyboard with flippers and a wetsuit on you go down a wild river via rapids) or Tiefschneeskiing (racing down through powder snow)?

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