2019 ZB

1. “The case-law on the internal market - be it free movement of goods, of workers, freedom to
provide services, or right of establishment - is based on a set of common principles. The Court of
Justice easily considers a measure to be restrictive of trade or free movement, thereby putting the
emphasis on analysing whether the measure in issue is justified and is proportionate.” Discuss in
relation to at least TWO economic freedoms.

2. Mario and Luigi own a private company that imports olive oil in plastic bottles from Italy to
Denmark. There have been widespread reports in the Danish media that some Greek olive oil has
been contaminated with potentially poisonous chemicals at the stage of production. This was
blamed by the media on the use of plastic bottles. The Danish Minister of Health issues an
emergency order prohibiting the sale of olive oil in non-glass containers taking effect in one
week’s time. This is to protect the environment and ensure the safety of Danish consumers.
Advise Mario and Luigi on how European Union law related to the free movement of goods may
apply to these circumstances.

3. Laura is an Italian student studying philosophy at a university in France. She assures the French
authorities that she has sufficient resources as well as sickness insurance. In order to support
herself, Laura does occasional work in a restaurant. In the course of her studies she becomes very
ill, and it turns out that for the last year or so she has not paid her insurance contributions under
the private hospital insurance policy she had taken out. As a result, the French authorities refuse
to offer her treatment. They claim that, as an Italian citizen, she is not entitled to state-subsidised
healthcare, and advise her to return to Italy. Advise Laura.

4. “The European Union protects the fundamental rights of its citizens only to a limited extent, even
though the European Court of Justice refers often to the EU Charter of Fundamental Rights.”
Discuss.

5. Fictitious Directive 36/2018 provides: Article 1 Smoking shall be prohibited in all workplaces.
Article 2 Member States shall provide effective and proportionate sanctions for breach of the
smoking ban. Article 3 Employees who are unlawfully exposed to cigarette smoke in their work
place shall have a right to at least one month’s salary by means of compensation. Poland
introduces legislation prohibiting smoking in all work places; smoking is also banned in all places
open to the public. Employers who fail to enforce the smoking ban are liable to a fine of at least
€20,000. Those who are caught smoking unlawfully are fined €10. The smoking ban does not
apply to Government buildings. Nilip Norris is a private company manufacturing cigarettes. It
encourages employees to smoke whilst working. Jane, who does not smoke, works for Nilip
Norris; she suffers from asthma, and, having been seriously ill, decides to resign from her job.
When she applies for compensation, she is told that, according to Polish law, no compensation is
available for employees who, for whatever reason, voluntarily resign from their jobs. Vera works
for the Polish Parliament where everyone smokes; when she falls pregnant and complains about
the smoke, she is fired. Vera then decides to sue the Parliament but her action is dismissed on the
grounds that the Polish legislation is clear in allowing smoking in Parliament buildings. Both Jane
and Vera learn about the Directive. They seek your advice on whether they could in any way rely
on its provisions. Advise Jane and Vera.
6. “The concept of primacy of European Union law is an important tool to guarantee the uniform
application of European Union law within the Member States. Primacy should be recognized by
all courts and authorities of the Member States, as a varying practice may cause legal
uncertainty.” Discuss, tracing the evolution of the principle of primacy and its reception in the EU
Member States.

7. Hungary has decided to review its gambling legislation. Bill 26/2018 provides that all interested
operators should obtain a licence. The licence criteria require, inter alia, that the operator
deposits, prior to the application: (a) €200,000, not refundable, regardless the outcome of the
application; (b) a guarantee that any games of chance would not allow the customers to gamble
more than €300 per day; and (c) a compulsory ‘considerable’ donation to the Hungarian Society
for the Protection of Families of Addicted Gamblers. You are the Hungarian Government Official
in charge of assessing the compatibility of such legislation with free movement EU law. Write
your report.

8. ‘Le Mirage du Mariage’ is a wedding planner company, established in France. They expand to
other Member States, offering a wide range of services and products connected to the
organisation of a wedding. They soon hold around 15% of the EU market for wedding planning.
Since 2016, they have arranged affordable honeymoons for around 45% of the couples that got
married, each year, in Europe. They are now launching a new comprehensive wedding package
‘From Wedding Dress to Family Life’, which provides attractively priced honeymoon deals to
couples who decide to purchase all wedding services and products from ‘Le Mirage du Mariage.’
Sun Travel is a German travel company who believes they have lost many of their customers
because of the very favourable honeymoon deals offered by ‘Le Mirage du Mariage’. They hold
around 39% of the EU market for travel packages but in 2018 they sold very few honeymoon
packages. Sun Travel are very worried about the new comprehensive wedding package and
believe that ‘Le Mirage du Mariage’ is breaching EU competition law. Advise Sun Travel.