LA2024 October B2

LLB
BSc DEGREES WITH LAW

EU law

Tuesday 19 October 2021

BLOCK 2 Available at: 12:00 UK time on Tuesday 19 October 2021

Submit before: 17:00 UK time on Tuesday 19 October 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.

The word limit for this examination is 4,500 words. Any words beyond this limit
will not be read by the examiners.

© University of London 2021

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1. Fruit Art is a Romanian company producing various types of chocolate-
covered fruit. They are selling their products to luxury restaurants and
hotels and have just opened an online shop for the general public. They
would like to expand to the neighbouring Bulgaria but they encounter
difficulties stemming from the Bulgarian Anti-Obesity Act. According to
this Act, sweets based on fruit cannot be sold online. This is in order not
to incite over-consumption of such products that might seem healthy but
are higher in sugar content than regular fruit.

Fruit Art seeks your advice on whether the Bulgarian Anti-Obesity Act
can be considered a violation of EU law.

2. According to the (fictitious) EU Directive on Educational Internships,

students undertaking internships during their university studies should
be protected against abuses by their employers. Member States should
guarantee that the working time of such students does not exceed five
hours per day if carried out during term time, to allow students to attend
classes. The deadline for transposition of the directive was 31 December
2020. France has not yet transposed the directive, as it claims that this
would create an enormous pressure on its business environment.

Eve is a second-year art student, and she is undertaking an internship

with the (public) Louvre Museum during the Autumn term 2021. Her
working hours are from 8am to 8pm.

Freddie is a third-year business student who found an internship with a

private accountant for the academic year 2021/22, and who is told his
program starts at 10am and lasts until the time his mentor leaves the
office. This never happens earlier than 11pm.

Advise Eve and Freddie if they can draw any rights from and access any
remedies under EU law.

3. ‘The Brexit process is further evidence that the EU is, after all, an
organisation based on international law and that Member States remain
eventually sovereign.’

Discuss.

4. ‘The principle of state liability as applied in Francovich is arguably more

legitimate as a means of enforcement of EU law than the principle of
direct effect, and, as regards directives, it is certainly more legitimate
than the principle of “indirect effect” as applied in Van Colson and
Marleasing.’

Discuss.

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5. ‘The rights of every individual in the EU were established at different
times, in different ways and in different forms. This is the main reason
why we needed a Charter of Fundamental Rights.’

Discuss.

6. Ronaldo, a Portuguese national working in France, decides to apply to

the French National Agency for Family Benefits, for family allowances
for his daughter, who lives with her mother in Brazil.

The Agency rejects the application as in its view an EU citizen’s child is

not entitled to family allowances since she does not live in France on a
continuous basis. She cannot draw such rights through her mother
either, as she is not subject to French law.

Ronaldo seeks your advice on whether he can challenge such a decision

as he argues that if he does not receive those allowances, he would be
at a particular disadvantage, liable to discourage him from working in
France. He thinks that this could amount to an infringement of the
principle of freedom of movement for workers and citizenship rights.

Advise Ronaldo.

7. On 31 January 2021, following checks carried out by the Belgium police

in the business premises of a cocktail bar in Brussels managed by Mr
Hercules, the authorities decide to shut down the bar as they find on the
premises several online poker machines. The use of those machines is
subject in Belgium law to a licence that Mr Hercules did not have. Mr
Hercules seeks your advice. He explains that the gambling activity
carried out at the bar is marginal and that he does not profit from punters
playing online poker. He argues that the Belgium authorities violated EU
law.

Advise Mr Hercules.

8. ‘Despite the creation of European citizenship following the Maastricht

Treaty, the rights that nationals of Member States can draw from EU law
did not change much throughout the years. The case law of the Court of
Justice of the European Union still favours the economically active.’

Discuss.

END OF PAPER

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