Question 1

What matters can be referred by national courts to the ECJ under Article 267 TFEU for a preliminary ruling?

Accepted Answer

A)  Matters concerning the validity of primary sources of EU law. 
B)  Matters concerning the interpretation of the Treaties and the interpretation and validity of acts adopted by EU institutions. 
C)  Matters concerning the validity of judgments of the ECJ. 
A)  Matters concerning the validity of primary sources of EU law. 
B)  Matters concerning the interpretation of the Treaties and the interpretation and validity of acts adopted by EU institutions. 
C)  Matters concerning the validity of judgments of the ECJ. B

Question 2

What did the judgment in Case 314/85 Foto-Frost specify regarding the referral concerning validity of EU acts?

Accepted Answer

A)  Any national court can declare an EU act invalid by applying the tests developed by the ECJ. 
B)  National courts have no power to declare an EU act invalid. 
C)  Only the highest national courts can declare an EU act invalid. 
A)  Any national court can declare an EU act invalid by applying the tests developed by the ECJ. 
B)  National courts have no power to declare an EU act invalid. 
C)  Only the highest national courts can declare an EU act invalid. B

Question 3

What is the meaning of the doctrine of

Accepted Answer

A)  The term means that the Commission must bring proceedings before the ECJ against a Member State when it is clear that a Member State has breached EU law. 
B)  The doctrine means that Article 267 (3) TFEU imposes an obligation upon the courts of last instance to ask for a preliminary ruling each time the interpretation of EU law is at issue. 
C)  The doctrine means that Article 267 (3) TFEU imposes no obligation upon the courts of last instance to ask for a preliminary ruling when the correct application of EU law is so obvious as to leave no scope for any reasonable doubt as to the manner in which the question raised should be resolved. 
A)  The term means that the Commission must bring proceedings before the ECJ against a Member State when it is clear that a Member State has breached EU law. 
B)  The doctrine means that Article 267 (3) TFEU imposes an obligation upon the courts of last instance to ask for a preliminary ruling each time the interpretation of EU law is at issue. 
C)  The doctrine means that Article 267 (3) TFEU imposes no obligation upon the courts of last instance to ask for a preliminary ruling when the correct application of EU law is so obvious as to leave no scope for any reasonable doubt as to the manner in which the question raised should be resolved. C

Question 4

What did the judgment in Case C-224/01 K

Accepted Answer

A)  That the Member State may be liable to be fined if an incomplete documentation file is sent to the ECJ when a national court makes a request for a preliminary ruling under Article 267 TFEU. 
B)  That the Member State may be subject to a fine if the question referred to the ECJ is hypothetical. 
C)  That the Member State may be liable for failure of its court of final instance to refer a case to the ECJ. 
A)  That the Member State may be liable to be fined if an incomplete documentation file is sent to the ECJ when a national court makes a request for a preliminary ruling under Article 267 TFEU. 
B)  That the Member State may be subject to a fine if the question referred to the ECJ is hypothetical. 
C)  That the Member State may be liable for failure of its court of final instance to refer a case to the ECJ.

Question 5

Why was the request for a preliminary ruling refused by the ECJ in Case 104/79 Foglia v Novello?

Accepted Answer

A)  The request was made outside the time limit for a reference to be made. 
B)  There was no genuine dispute between the parties. 
C)  Proceedings before the national referring court had already been terminated. 
A)  The request was made outside the time limit for a reference to be made. 
B)  There was no genuine dispute between the parties. 
C)  Proceedings before the national referring court had already been terminated.

What matters can be referred by national courts to the ECJ under Article 267 TFEU for a preliminary ruling?

What did the judgment in Case 314/85 Foto-Frost specify regarding the referral concerning validity of EU acts?

What is the meaning of the doctrine of

What did the judgment in Case C-224/01 K

Why was the request for a preliminary ruling refused by the ECJ in Case 104/79 Foglia v Novello?

The History of European Integration

Membership of the EU

The Institutional Framework of the EU

Sources of EU Law

Legislative Procedures in the EU

Competences of the EU

The Common Foreign and Security Policy CFSP: A Component of EU Foreign Action

Protection of Fundamental Rights in the EU

Supremacy of EU Law

Direct Effect of EU Law

Direct Applicability of EU Law

Member State Liability for Damage Caused to Individuals by a Breach of EU Law for Which It Is Responsible

Enforcement of EU Law - Actions Against Member States

Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part I Articles 263, 277 and 265 Tfeu

Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part II Action for Damages: Non-Contractual Liability of the European Union Under Article 3402 TFEU

An Introduction to the Internal Market of the EU; Abolition of Customs Duties and Charges Having Equivalent Effect to Customs Duties Cees

Prohibition of Discriminatory Internal Taxation; Prohibition of Quantitative Restrictions Qrs and Measures Having Equivalent Effect on Imports and Exports Meqrs Articles 34 and 35 TFEU

Derogations From Articles 34 and 35 TFEU Listed in Article 36TFEU and Justifications Based on Mandatory Requirements

Citizenship of the EU; and Free Movement of Workers

The Right of Establishment Articles 49-55 TFEU and the Right to Supply and Receive Services Articles 56-62 TFEU; and Exceptions to the Free Movement of Persons

Introduction to EU Competition Law; and Article 101 TFEU

Article 102TFEU; Merger Control

Enforcement of Articles 101 and 102 TFEU; The Area of Freedom, Security and Justice AFSJ

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Exam 13: Preliminary Rulings: Article 267 TFEU

What matters can be referred by national courts to the ECJ under Article 267 TFEU for a preliminary ruling?

What did the judgment in Case 314/85 Foto-Frost specify regarding the referral concerning validity of EU acts?

What is the meaning of the doctrine of

What did the judgment in Case C-224/01 K

Why was the request for a preliminary ruling refused by the ECJ in Case 104/79 Foglia v Novello?

The History of European Integration

Membership of the EU

The Institutional Framework of the EU

Sources of EU Law

Legislative Procedures in the EU

Competences of the EU

The Common Foreign and Security Policy CFSP: A Component of EU Foreign Action

Protection of Fundamental Rights in the EU

Supremacy of EU Law

Direct Effect of EU Law

Direct Applicability of EU Law

Member State Liability for Damage Caused to Individuals by a Breach of EU Law for Which It Is Responsible

Enforcement of EU Law - Actions Against Member States

Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part I Articles 263, 277 and 265 Tfeu

Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part II Action for Damages: Non-Contractual Liability of the European Union Under Article 3402 TFEU

An Introduction to the Internal Market of the EU; Abolition of Customs Duties and Charges Having Equivalent Effect to Customs Duties Cees

Prohibition of Discriminatory Internal Taxation; Prohibition of Quantitative Restrictions Qrs and Measures Having Equivalent Effect on Imports and Exports Meqrs Articles 34 and 35 TFEU

Derogations From Articles 34 and 35 TFEU Listed in Article 36TFEU and Justifications Based on Mandatory Requirements

Citizenship of the EU; and Free Movement of Workers

The Right of Establishment Articles 49-55 TFEU and the Right to Supply and Receive Services Articles 56-62 TFEU; and Exceptions to the Free Movement of Persons

Introduction to EU Competition Law; and Article 101 TFEU

Article 102TFEU; Merger Control

Enforcement of Articles 101 and 102 TFEU; The Area of Freedom, Security and Justice AFSJ

Filters