THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA2024 ZB

LLB
DIPLOMA IN THE COMMON LAW
BSc DEGREES WITH LAW

EU law

Wednesday 24 May 2017: 10.00 – 13.15

Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

answer the questions.

Candidates should answer FOUR of the following EIGHT questions.

Candidates should answer all parts of a question unless otherwise stated.

Permitted materials

Students are permitted to bring into the examination room the following
specified document: one copy of Blackstone's EU Treaties and Legislation
(OUP).

© University of London 2017

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1. “The case law on supremacy and direct effect not only put the individual
at the core of European integration, but also the European Court of
Justice.”

Discuss.

2. Ellen trained as a physiotherapist and is now running a successful

business in Brussels (Physio Bel). She wants to expand her business to
other Member States, but encounters several difficulties:

(a) She is invited by a colleague to do physiotherapy once a week in

a private practice in Luxembourg. However, she finds out that the
fees for this service are capped in Luxembourg, and she cannot
charge more than a certain sum no matter the procedure offered.

(b) She wants to set up a branch of Physio Bel in Strasbourg, but

finds out that firms active in the healthcare sector can open only
subsidiaries and not branches in France.

(c) She wants to provide advice over the internet for various clients
established in Belgium and other Member States of the European
Union, but finds out that she needs an authorisation for this from
the Ministry of Health. However, small businesses such as Physio
Bel are ineligible to apply for such authorisation, in the interest of
public health.

Advise Ellen.

3. John Kerry is an Irish rugby player. At the end of the 2015/16 season he
was engaged by the Paris Rugby Club to take part in the final stage of
the French Rugby championship. Kerry played two matches only for
Paris and the team managed to win the league. After some complaints
from another club, the French Rugby Association decided to deduct five
points from the score of the Paris Rugby Club and award to another team
the championship on the grounds that the Paris Rugby Club should not
have fielded Kerry. The Association argued that Mr Kerry’s move to the
Paris Rugby Club breached the rules concerning transfers of players.
These rules prohibit clubs from fielding in the national championship
players coming from other leagues if they have been transferred after
the second half of the season.

Mr Kerry asks your advice on whether rules of a sports federation which

prohibit a club from fielding a player in a competition if he has been
engaged after a specified date are compatible with the principle of
freedom of movement for workers.

Advise Mr Kerry.

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4. Parkinson Support Hungary (PSH) is a Hungarian organisation helping
patients suffering from Parkinson’s disease and their families. In 2015,
PSH agreed a bonus system with Pharma Online, an Italian mail-order
pharmacy. In accordance with the bonus system, various bonuses would
be provided to members of PSH when purchasing from Pharma Online
prescription-only Parkinson’s disease medication. The Association of
Hungarian Chemists challenged the bonus system in front of the national
court. They argued that the bonus system infringed Hungarian Law
which provides that prescription-only medication can only be sold at
prices fixed by the Ministry of Health. The Association of Hungarian
Chemists points out that Hungarian Law is an important legal instrument
seeking to ensure that mail-order pharmacies do not engage in
aggressive price competition which would push traditional pharmacies
out of the market, especially in rural areas. The Hungarian Court is
unsure whether, in this situation, Hungarian Law breaches the free
movement of goods provisions of the Treaty on the Functioning of the
European Union (TFEU). They refer the case in preliminary reference to
the Court of Justice of the European Union (CJEU).

You are the judge rapporteur (reporting judge). Write your judgment.

5. “The Zambrano judgment of the Court of Justice of the European Union

(CJEU) is of fundamental importance in that it represents a permanent
move beyond the confines of market citizenship. In its place, ‘federal’
European Union citizenship cultivates the human dimension of EU
integration.”

Discuss.

6. “It seems that the Keck era has come to an end. In its most recent case
law on free movement of goods such as the Italian Trailers, the Court of
Justice of the European Union (CJEU) returned to an overbroad
definition of measures having equivalent effect to quantitative
restrictions. The Court used the notion of ‘market access’, and put the
emphasis on the application of the proportionality test.”

Discuss.

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7. India Chemical is an Indian company active in the production of industrial
chemicals. India Chemical is a leading producer of industrial chemicals
used in the production of domestic (household) cleaning agents
worldwide. India Chemical has extensive business operations in the EU,
and it supplies its products to all major manufacturers of cleaning agents
in the different EU Member States. The industrial chemicals market is
considered a stable one and no other company has attempted to enter
into this market in recent years. India Chemical’s share in the supply of
industrial chemicals used in the production of domestic cleaning agents
in the EU is about 80%; its market share in relation to the production of
all types of industrial chemicals in the EU, however, is considerably lower
than this. Two years ago, this market share was about 50%. India
Chemical has a number of competitors in the EU but none of them holds
a market share higher than 2%.

Advise India Chemical on the application of EU competition law to each

of the following proposals:

(a) They would like to offer their customers favourable discounts on

future purchases of all types of industrial chemicals purchased
from them;

(b) They are proposing to refuse to supply new customers who do

not commit to purchasing exclusively from them; and

(c) They are proposing to raise their prices by 40%. Their customers
are not happy with this possible price increase but they believe
that there is little they can do.

8. “After the adoption of the Charter of Fundamental Rights of the European

Union (the Charter), the Court of Justice of the European Union (CJEU)
can be considered a human rights adjudicator.”

Discuss.

END OF PAPER

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