College of Management

Haim Striks Law Faculty

European Commercial Law, 2022 Summer Semester

Final Paper

1. The following questions are based on issues learned in the different courses that were part of
the summer semester.

2. You are required to answer the questions that were assigned to you.

3. The questions you are required to answer are those that are assigned to you according to the
table on page 3. You CANNOT ask for different questions than those assigned to you there.

4. The answers to all questions together are limited to 2,000 words. There is no limit on how
many of those words are used for answering each of the two questions you are required to
answer, and it’s not necessary to use the whole limit.

5. The deadline for turning your papers in is 11:55pm on October 20, 2022.

6. For the purpose of answering the questions, you may use any materials from any of the courses
taught, as well as research conducted on your own (the materials are located in the following
link, and the presentations are located on Moodle.

7. The papers are to be written INDIVIDUALLY. While preparing your submission, there may
not be any form of shared or cooperative work.

Good Luck!

Or & Or

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EU COMPETITION LAW

Question Number 1
Companies A, B, C, D and E produce yogurt in Cyprus and market it in several EU countries.
Representatives of those companies meet in Paphos at a conference on the latest developments in
the dairy market. During the conference the representatives of companies A, B, C and D exchange
detailed information about their commercial policy for the next year (product price, quantities,
distribution costs, discounts for large orders, etc.), while the representative of company E
overheard the trade policies of the other companies but revealed no information in relation the
trade policy of his own company. A few days later the companies in question raised the price of
yogurt by 5%.
Questions
1. Are companies A, B, C, D and E undertakings for the purposes of EU competition law?
2. Which specific provision of the TFEU is applicable in the case under investigation?
3. Is there an agreement, a decision or a concerted practice in the case under investigation?
4. Is the companies’ behaviour affecting trade between Member States?
5. Does the companies’ behaviour have as an object or effect the prevention, restriction or
distortion of competition within the internal market?
6. What is the legal effect in case where the companies’ behaviour is considered anti-
competitive?
8. Could companies A, B, C, D and E be considered a single economic entity?

EU Energy Law

Question Number 2
‘The EU aims to be climate-neutral by 2050 – an economy with net-zero greenhouse gas
emissions’: discuss the impact of decarbonization on the EU energy policy by referring to the EU’s
objectives in the field of energy, the evolution of the EU regulatory framework and relevant current
reforms.

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Question Number 3
2. Unbundling constitutes one of the core features of the EU liberalisation process.
Explain in detail: a) how unbundling is defined by reference to the characteristics of
the energy sector, b) the rationale for its introduction, c) the historical evolution of the
relevant rules and d) the different models that are currently provided by EU
legislation.

EU Consumer-Protection Law

Question Number 4

Mary buys a smartwatch from Euro-Electronics Ltd for her own private use, which can be
connected to any smartphone via Blue Tooth. However, for such a connection to be enabled, the
user must download the smartwatch app from the App Store or the Play Store. The smartwatch
can, among others, collect heart data from the user and present related health statistics to the user.
10 months after the purchase of the smartwatch, the smartwatch appears unable to collect heart
data. Mary takes the watch to Euro-Electronics and reports the problem. Euro-Electronics replies
‘We are sorry, but this function is not covered by the guarantee of the manufacturer. Moreover,
there is Term No 14 in our General Sales Terms, which excludes any liability from our company
for any malfunction of smartwatches. Besides, we do not have the technical expertise to repair
such products. Therefore, we regret to inform you that nothing can be done about your problem”.
Mary comes to your law office and asks for your advice on the following:

A. Is it true that she has no rights against Euro-Electronics Ltd?

B. If it is not true, then what rights does she have?
Advice Mary on any rights and duties she may have under the Directive 2019/770 or
Directive 2019/771.

Course: “European Company Law”

1) What are the problems of the European Company (SE) Statute [Regulation 2157/2001]? What
has not (yet) been achieved by the European Company (SE)?

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Statute?
2) The impact of Centros ruling and subsequent case law of the Court of Justice of EU
(Case C-212/97 Centros Ltd v Erhvervs- og Selskabsstyrelsen [1999] ECR I-1459)

GDPER
The company Tel Aviv Diamonds exports diamonds to professionals in USA, China, Germany
and Netherlands, mostly. The Director of the company, David Cohen, is planning to open a website
addressed to the average consumer where it would be possible to directly order some diamonds. It
has already sorted out the tax law and e-commerce issues but his step-sister, Martha Cohen, who
lives in Cyprus, told him to be careful about the Personal Data regulation in EU.

Question Number 5 – read the essay above and answer the following question

1. Is Martha right? Please explain.

2. According to what principles should the website be built?

Question Number 6 – read the essay above and answer the following question

1. Because of the high values of the goods sent, David wants to create an internal database of
“difficult” or problematic clients that would automatically be blacklisted.
Please comment.

European and Comparative Copyright Law 2022

Question Number 7
Explain the concept of work in EU Copyright Law.

Question Number 8
Explain The right of reproduction in EU copyright law.

Question Number 9

Explain The right of communication to the public in EU copyright law.

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I.D Questions I.D Questions
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318226990 8,9 207377599 3,6
318621745 1 207450131 3,7
318654100 5,7 207725540 3,8
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324380492 1 208753277 4,6