LA2024 May B1

LLB
BSc DEGREES WITH LAW

EU law

Friday 11 June 2021

BLOCK 1 Available at: 06:00 UK time on Friday 11 June 2021.

Submit before: 11:00 UK time on Friday 11 June 2021.

You have FIVE HOURS in which to write your answers and upload them in the
required .doc or .docx format to the VLE. You are not expected to spend more
than FOUR HOURS writing your answers. The remaining hour is for
downloading, uploading, and to take short rest breaks.

You must answer FOUR of the following EIGHT questions. You must answer
all parts of a question unless otherwise stated.

© University of London 2021

UL21/0296
Page 1 of 3
1. Presto is an Italian mail-order pharmacy that supplies prescription
medicines to customers all over the EU. Presto launches an advertising
campaign for a “Grand Prize Draw” in which the main prize is a voucher
for an electric bicycle worth EUR 2,500 and the second to tenth prizes
are electric toothbrushes. A condition for participating in the prize draw
is the submission of a medical prescription. By decision of 31 January
2021, the Medicinal Product Control (MPC) Section of the German
Minister of Health banned Presto from the dissemination of any
advertising related to that promotion. German law prohibits any form of
the promotion of the sale of pharmaceuticals.

As Germany is one of its largest markets, Presto seeks your advice on

whether the decision of the MPC can be considered a violation of EU
law.

2. ‘Despite some occasional, theoretical resistance, both direct effect and

supremacy of EU law are now undeniable components of the EU legal
system.’

Discuss.

3. ‘The Charter of Fundamental Rights is a too powerful instrument in the

hands of the European Court of Justice, as it enables it to make
substantive policy choices which should be only for the EU institutions
or the Member States to decide.’

Discuss.

4. Alina and Mario, both of Albanian nationality, are married and have both
resided in France since 2017. In 2019 their twin girls Lilly and Jean were
born and they have French nationality. Since 2017 Alina and Mario have
pursued various occupational activities, including as a restaurant worker
and cleaner but without either of them having any regular contract. The
family has never moved to or resided in an EU Member State other than
France. After the birth of the twins, Alina and Mario applied for
permanent residence cards but their application was rejected. The
French authorities simply declared that they were illegally residing in
France and subsequently their case was referred to the police.

The family, fearing deportation, seeks your advice on whether EU law

can protect them.

UL21/0296
Page 2 of 3
5. During the course of an official inspection in the premises of Fun Café,
a café in the city centre of Vienna, the Austrian Police find five slot
machines which were installed without the official permit (“licence”)
required under Austrian law to operate any kind of gambling game. The
Police decide to confiscate all the five machines, and issue penalty
notices imposing hefty fines (6,000 Euros) on Oskar, the café owner (a
German national).

Oskar seeks your advice on whether the Police action can be considered
a violation of EU free movement law.

6. Having studied EU law for one year, what do you think the European
Union is best described as today: a state or an international
organisation? Provide at least TWO examples which support your view,
and explain why they do so.

7. Josephine is a French national, who moved from France to Portugal

some years ago and is working as a secretary in a private firm. In
January 2021, a permanent position with a generous salary opens at the
town hall of Coimbra, her city of residence. Josephine applies, but is
rejected for this public sector job as she is neither Portuguese, nor
educated in Portugal.

Discuss whether EU free movement law can assist Josephine in this

case.

8. The Directive on Safe Social Media (fictitious) provides that Member

States introduce an authorisation system to check that social media
providers active on their territory do not allow young adults under 18 to
set up accounts. Finland did not implement the directive by the deadline.
The FaceNetwork is a social media platform based in a third country. It
is very popular with young people in Finland, designed for the sharing of
short videos and photos with no text content. Panu, a 16-year-old boy
from Helsinki, has been an active user of the FaceNetwork since he was
13. He is now suffering from severe depression after his friends shared
several embarrassing photos of him on the FaceNetwork and he has had
to quit school. Panu’s parents wonder whether the Directive on Safe
Social Media might help them to obtain redress in courts.

Advise Panu’s parents.

END OF PAPER

UL21/0296
Page 3 of 3