LA2024 October B1

LLB
BSc DEGREES WITH LAW

EU law

Tuesday 19 October 2021

BLOCK 1 Available at: 06:00 UK time on Tuesday 19 October 2021

Submit before: 11:00 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. In January 2021 Europharma, a Polish pharmaceutical company,
announced a promotion on its website and in its monthly magazine,
offering a 15% reduction on the purchase price of any of its medicinal
products when at least three Europharma products were purchased. By
decision of 1 March 2021, the Medicinal Product Control (MPC) Section
of the German Minister of Health banned Europharma from the
dissemination of any advertising relating to that promotion. German law
prohibits any form of sale promotion of pharmaceuticals. As Germany is
one of its largest markets, Europharma is alarmed and seeks your
advice on whether the decision of the MPC can be considered as a
violation of EU law and, if so, what remedies it might have available.

Advise Europharma.

2. A (fictitious) EU Directive requires Member States to guarantee suitable

forms of childcare for working parents. Member States should ensure
that organisations with more than 100 employees make available
nursery arrangements for their staff. Poland did not implement the
directive by its deadline of 1 January 2021 as it claims that this would
create an enormous pressure on its business environment.

Tom works for the Mayor of Gdansk, who employs around 300 persons.
He is a single dad of a one-year-old boy whom he brings to work as he
does not have access to a nursery or a nanny. His boss finds out about
this and fires him, as children are not allowed on the Townhall premises.

Jane works for a multinational law firm in the centre of Krakow. Her office
alone employs over 150 persons. When she asks about childcare
options for her new-born daughter, she is told that she needs to make
her own arrangements.

Advise Tom and Jane if they can draw any rights from and access any
remedies under EU law.

3. ‘The inclusion of Article 50 in the Treaty on European Union and the

Brexit process provides confirmation that the EU is not a state but an
international organisation.’

Discuss.

4. ‘The judgments of the Court of Justice of the European Union on

supremacy and direct effect carry an indelible activist mark: these
doctrines were not enshrined in the Treaties but constitute pure products
of judge-made law, created for the benefit of ensuring the effective
application of EU law. Thus, the subsequent case law that expanded the
scope and gist of both doctrines further carried an activist stamp as well.
No wonder supremacy and direct effect are an endless source of conflict
with the Member States.’

Discuss.

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5. ‘The Charter of Fundamental Rights has conferred excessive powers to
the Court of Justice of the European Union. The Court has used the
Charter as a tool to determine the lawfulness of national law even
outside the sphere of EU competence.’

Discuss.

6. George is a Greek national living in Athens where he works as a

journalist for a racist magazine called “White News”. He has been
offered a job in Germany working for an extreme right-wing newspaper,
which has just been established. The Government is currently
investigating whether actions should be taken against the newspaper for
its extreme views. George would like to accept the job as his daughter,
Lina (also a Greek national), who is an actress, has been living in
Germany for several months. She originally went to Germany to look for
work but, although she has appeared in several commercials, she has
found no serious work and is now unemployed. George would like to
bring with him to Germany his girlfriend, Jenny, who is a Greek national,
and her brother, Alex, a Greek national, who has lived with them for
some years, as he suffers from a depressive illness which makes him
unfit for work.

Advise the parties as to their rights under EU law to enter and remain in
Germany.

7. The picturesque town of Sbrizzol is one of the jewels of the north of the
Czech Republic. It is situated 25km only from the German borders. The
local council, elected on a manifesto promising a tough approach to any
commercialisation of the city centre, decides to ban all forms of gambling
activities. Mr Kafza is the proud owner of Vintage Fun, an amusement
arcade located in the Cathedral Square of Sbrizzol. In the arcade,
punters can play using slot machines and other traditional video games
plus they can use five laptops for online gambling. Mr Kafza decides to
breach the general ban on gambling and to not comply with new order.
One morning, the police raid Vintage Fun, confiscate the laptops, and
shut the place down. Mr Kafza is also fined 5,000 euros.

Advise Mr Kafza as to whether EU law can protect his rights.

8. ‘The case law of the Court of Justice of the European Union on

citizenship straddles between a very narrow reading of rights based on
secondary legislation (such as the Citizenship Directive 2004/38) and a
wider and more inclusive interpretation based instead on the Treaty.’

Discuss.

END OF PAPER

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