Quiz:
1. Name the two current treaties of the EU (Check all that apply)
A. TEU
B. TFEU
C. TFU
D. GATT
E. TEUL
2. What was one of the main features of the Treaty of Maastricht?
A. The Court of Justice of the EU was established.
B. The name European Economic Community was changed to the European
Union.
C. The Charter of Fundamental Rights was adopted.
D. It established a European Constitution.
3. By which treaty did the Charter of Fundamental rights become binding?
A. Lisbon Treaty
B. Treaty of Nice
C. Treaty of Amsterdam
D. Treaty of Rome
E. Treaty of Maastricht
4. Which of the following statements are true? (Check all that apply)
A. The European Council consists of Heads of States or Governments.
B. The Council is made up of ministers, such as the ministers of agriculture,
the foreign ministers, etc.
C. The European Council and the Council are different names for the same
institution.
D. The European Council sets out overall guidelines for EU policies, while
the Council has legislative functions.
5. Which institution elects the President of the European Commission?
A. The European Council.
B. The Council.
C. The European Commission.
D. The Court of Auditors.
E. The European Parliament.
6. What are some of the functions and roles of the European Commission?
(Check all that apply)
A. It proposes new Legislation.
B. It oversees the practice of the other institutions of the EU, such as the
Council.
C. It sets out general guidelines for EU policies.
D. It acts as the “Guardian of the Treaties”.
7. What is the role of the Advocate General?
A. It acts as a defense attorney for individuals who have brought cases before
the court.
B. It has the casting vote when the court rules.
C. To provide advice to the Court in the form of an opinion.
8. What happens if a country withdrawing from the European Union has not
been able to agree on the terms of withdrawal within the two year period
provided by the TEU?
A. The Country remains member and a new exit application procedure could be
restarted.
B. If the period is not mutually prolonged the country is excluded from all
EU collaboration.
C. The Country will automatically be included in the existing EEA
collaboration.
9. Which principles are covered by the TFEU environmental policy?
A. “The precautionary principle”
B. “The principles of preventive action”
C. “The principle that environmental damage should be rectified at source”
D. “The polluter pays principle”
10.The environmental chapter requires that environmental requirements must
be integrated into all Union policies and activities, with a view to promoting
sustainable development. What other stipulations in the Treaty have
explicitly been given such broad impact?
A. Competition policy
B. Human health protection
C. Employment policy
D. Consumer protection
1. What is the name of the main legal database of the EU?
A. European Times
B. The Database
C. European Legal Review
D. Eur-Lex
2. In which database will you find cases from the Court of Justice of the EU?
A. Suria.
B. Luria.
C. Curia.
D. Duria.
3. What is true about EU publications?
A. They are only available to people residing in EU member states.
B. They are mostly available online for free.
C. They must usually be requested from the institution where they have been
drafted.
D. They are only rarely translated into all official languages of the EU.
4. If you browse through the current Treaties you will find numbers in brackets
below most article numbers. What are these numbers in brackets?
A. The number that will be adopted in the future EU Constitution.
B. A reference to case law of the ECJ.
C. The old number of that particular article in the previous Nice Treaty.
5. What are some examples of EU Secondary Legislation? (Check all that
apply)
A. Directives.
B. The Charter of Fundamental Rights.
C. Decisions.
D. The Treaties.
E. Regulations.
6. What is true about the following legislation act? Council Regulation (EC)
No 1/2003 (Check all that apply)
A. The Commission is behind the act.
B. The act is a Regulation.
C. It was adopted in 2003.
D. The act is a Directive.
E. EC means that the act has not yet been adopted.
F. The Council is behind the act.
7. What is true about the following case? C-43/01 (Check all that apply)
A. The case is from 1943
B. It’s a case from the Court of Justice
C. The case is from 2001
D. It’s a case from the Tribunal
8. Why is the opinion of the Advocate General important when reading case
law from the Court of Justice of the EU? (Check all that apply)
A. The Advocate General has the casting vote when the court rules.
B. It usually contains a detailed analysis of the case.
C. The Advocate General represents the opinion of the Commission, which has
a strong voice in how the Court decides its cases.
D. It many times contains more information than the actual judgment.
9. Where are proposals for new legislation from the Commission published?
A. In the COM documents series.
B. In the Official Journal.
C. On the EU website.
10.Which of the following statements about primary and secondary law are
true?
A. Primary law is principally made up of the Treaties.
B. Primary law forms the basis not only of the EU institutions, but also of the
powers that can be exercised by those institutions and the procedure under
which they must operate.
C. Secondary law is the same as national law.
D. Secondary law is comprised of law that the EU system produces by itself.
1. Following concerns from animal rights campaigners in several member
states about the cruelty of seal hunting, and following the introduction by a
number of member states of rules prohibiting or limiting the marketing of
seal meat and other seal products, the EU introduced a Regulation banning
the import of seal meat and other products made from seals. The legal basis
for the Regulation was Article 114 TFEU. Several organizations
representing seal hunters and traders in seal products brought an action
before the Court of Justice of the EU challenging this Regulation, on the
grounds that the it breached the principle of conferral, as the EU did not
have competence to ban the import of seal products. You are a lawyer
advising the EU institutions. What is your advice?
A. Argue that the measure is necessary for the proper regulation of the internal
market.
B. Admit that the EU is wrong and that the Regulation should be invalidated.
C. Argue that the measure is necessary for the functioning of the internal
market.
D. Argue that animal welfare is a legitimate interest of both the member states
and of the EU, and therefore the EU has competence to legislate where this
is necessary to achieve a high standard of animal welfare.
2. An important tool in the EU legal toolbox to maintain legal certainty and
uniform application of EU Law is the possibility for national courts to ask
the European Court of Justice for a preliminary ruling. This is usually done
when a question of interpretation of EU law arises before a national court of
last instance and that court considers that an ECJ decision on this question is
necessary to produce a judgment in the case before it. In fact, in such cases
the judge of the court is obliged to send a reference to the ECJ. But what
about the lower courts, can they also send reference to the ECJ?
A. Yes, all national courts to send references for preliminary rulings to the
Court of Justice of the EU.
B. No, this possibility is only available to the court of last instance.
3. Which one of the principles below is a principle that stems from the national
legal orders and is not unique to the EU legal order?
A. Principle of direct effect
B. Principle of EU conform interpretation
C. Principle of legal certainty
D. Principle of primacy
4. According to an EU directive, the Member States shall take the measures
necessary to ensure that every worker is entitled to paid annual leave of at
least four weeks. Emma Larsson works for a private employer who refuses
to grant her the said four weeks of annual leave, since she has been on sick
leave during the better part of the past year. According to the national
applicable law, a company only has to grant paid annual leave to employees
who have actually been working during at least half of the reference period
(constituting the past year). However, said national law also stipulates that
certain absences, such as those due to maternity leave or work-related
accidents, shall count as periods of actual work for the purposes of
calculating the length of paid leave that an employee is entitled to. Emma’s
employer claims that her sick leave cannot count as a period of actual work
and that she has, hence, not actually worked for the minimum period of time
required for her to be granted paid annual leave. Can Emma force her
employer to grant her the four weeks of paid annual leave that is stipulated
in the EU directive?
A. Yes, since the national law should be given an EU conform interpretation,
her sick leave should be counted as periods of actual work.
B. No, but she could possibly sue the Member State where she is working for
damages, since the Member State has not implemented the Directive
correctly.
5. Which of the below statements are true about regulations? (Check all that
apply)
A. Regulations always form part of secondary EU law.
B. The parts of a regulation that gives raise to right of individuals must be
transposed by the national legislator into the national legal order.
C. Regulations have to be transposed by the national legislator into the national
legal order.
D. If a regulation develops a general principle of EU law (e.g. the principle of
legal certainty), the regulation is considered to form part of primary EU law.
E. Regulations should never be transposed by the national legislator into the
national legal order.
6. What is the basic condition that must be fulfilled for the EU Charter to
become applicable?
A. That there is a violation of a subjective right
B. The applicability of EU law
C. The applicability of national law
D. The circumstances must have taken place in Europe
7. Where would you find the basic text in the Treaties on proportionality in the
exercise of Union competence?
A. Art 5 TEU
B. Art 6 TEU
C. Charter of Fundamental Rights
D. Art 19 TEU
8. A national law of Factoria (an imagined EU member state) stipulates that
owners of fishing vessels registered in Factoria must be resident in that
member state. Non-Nationals of Factoria are much less likely to be resident
in Factoria than nationals, so the practice puts non-nationals at a
disadvantage, and so it is likely to be indirectly discriminatory on grounds of
nationality. What does this mean?
A. That the national law breaches EU law.
B. That the national law will breach EU law unless Factoria can show that
the difference of treatment is justified on grounds allowed by the Treaties.
9. Complete the following sentence: Direct discrimination occurs when a
person is treated less favourably ________ their status.
A. Notwithstanding
B. Despite
C. undeterred by
D. because of
10.Complete the following sentence: In areas where the EU has shared
competence, as soon as the EU legislates to regulate a particular area,
member states are ___________________ also legislate on the same area.
A. encouraged to
B. no longer allowed to
C. allowed to
1. Under which provision can private persons/companies bring an action for
annulment against an EU measure?
A. Article 261 TFEU
B. Article 263 TFEU
C. Article 265 TFEU
D. Article 267 TFEU
1. Which ground cannot justify a restriction on the free movement of capital?
A. Public housing policy
B. Agriculture
C. Economic concerns
D. Town and city planning
2. What principle is enshrined in Article 45(2) TFEU and re-iterated in
Regulation 492/2011 in relation to workers?
A. Mutual recognition.
B. Non-discrimination.
C. Proportionality.
D. Supremacy
3. The public service exception in Article 45 (4) TFEU entails that... (Check all
that apply)
A. Nationality quota are compulsory in the public service because it should be
reflective of society.
B. Indirect discrimination based on nationality towards employees in the
public sector may be allowed.
C. Nationality quota are prohibited in the public sector because it is part of the
exercise of the Member State's sovereignty and therefore reserved for its
own nationals solely.
D. Direct discrimination based on nationality towards employees in the public
sector may be allowed.
4. On what grounds may Member States restrict rights of free movement of
persons? (Check all that apply)
A. Public policy
B. Environmental grounds
C. Economic grounds
D. Educational grounds
E. Public security
F. Public health
5. Does the principle of mutual recognition mean that a product lawfully sold
in one national market shall always be lawfully sold at all other national
markets within the EU internal market?
A. Yes
B. No
6. Under which conditions does a certain selling arrangement fall outside the
scope of Article 34 TFEU according to the Keck judgement? (Check all that
apply)
A. The measure is generally applicable (concerns all affected traders)
B. The measure is proportionate to the aim in view
C. The measure does not entail any discrimination in law or in fact
7. In addition to freedom of establishment, what principle is enshrined in
Article 49 TFEU in relation to the self-employed?
A. Mutual recognition.
B. Supremacy
C. Non-discrimination
D. Proportionality
8. On which grounds can derogations be made to the freedom of establishment
and the freedom to provide services? (Check all that apply)
A. Public policy
B. Consumer protection
C. Public security
D. Environmental protection
E. Public health
F. The rule of reason
9. What status is established by Article 20 TFEU?
A. European Union citizenship.
B. Minority status.
C. Worker status.
D. Citizenship of the Member States.
10.Which transport service falls under the general Treaty provisions on the free
movement of service?
A. Train
B. Air transport
C. Road transport
D. Inland waterways
1. In which field in the External Dimension does the EU have exclusive
competence?
A. Common Security Policy
B. Common Defence Policy
C. Common Commercial Policy
D. Common Environmental Policy
2. Article 218 TFEU establishes the procedure by which agreements between
the European Union and third countries or international organisations shall
be negotiated and concluded. In this procedure, which is the most important
EU institution?
A. The European Commission
B. The Council
C. The European Parliament
D. The European Council
3. Does WTO law have direct effect in EU law?
A. Yes
B. No
4. Which of the following fields is the Common Security and Defense Policy
(CSDP) an integral part of?
A. The ECT
B. TheCommittee for Civilian Aspects of Crisis Management (CIVCOM)
C. The Common Foreign and Security Policy (CFSP)
D. The Common Commercial Policy (CCP)
5. How is new EU legislation made part of the EEA Agreement?
A. By the EEA Joint Committee
B. By the European Commission
C. By the EFTA Surveillance Authority
D. By the European Parliament
6. Is there any obligation for EU Member States to support each other in the
event of terrorist attack?
A. Yes
B. No
7. Please decide if the following statement is true: The European External
Action Service and the High Representative (EEAS) is an EU institution
and stands responsible for the external policy making.
A. True
B. False
8. What kind of EU policies does the EEA agreement also cover? (Check all
that apply)
A. A common defense policy
B. Rules of competition
C. Environmental goals
9. What is one of the main roles of the European Parliament in the field of
external relations?
A. It must give its consent before any EU member state concludes an
international agreement that might effect other member states' foreign
policy.
B. It has no major role in the external dimension.
C. It must give its consent before the EU concludes most types of
international agreements.
10.In what way is the Court of Justice of the EU important in the field of
external relations?
A. It decides on the delimitation of external competence between the EU and
its member states.
B. It must always rule on the constitutionality of all international agreements
concluded by the EU.
C. It has little importance in the field of external relations.
1. In forging a long-term business strategy, what appears to lead to a better
result?
A. A step-by-step approach where the grounds are tested and balanced
relations achieved
B. A rapid establishment of subsidiaries in all EU Member States
C. A successful agreement where one's principle wins on all items
2. What type(s) of middleman agreement is more affected by EU competition
law?
A. The distributorship relation
B. The agency agreement
C. The licensee agreement
3. When an Agency relation with unlimited term expires, the agent has a
mandatory right to:
A. Prolong the agreement on an annual basis
B. A limited indemnity covering his loss of future Commission on
transactions he has organized
C. Compensation for investments he has made
4. Which of the following provision(s) is/are hard core prohibited in
distributorship agreements:
A. A prohibition to sell the products to customers who intend to export the
product outside the distributor’s territory
B. An undertaking not to challenge the patent protection held by the producer
C. A recommended sales price of 9.99 EUR
5. What is the name of the document that is commonly used in international
sea carriage of goods?
A. Transport document
B. Sea waybill
C. Consignment note
D. Bill of lading
6. What is the major legal regime that applies to international sea carriage of
goods?
A. The Rotterdam Rules
B. The Hague-Visby Rules
C. The Hamburg Rules
D. The Hague-Rules
7. What is the distinction between an agent and a distributor?
A. The agent only pays a limited royalty to the principal whereas the distributor
shares the proceeds;
B. The agent receives a commission on sales reported whereas the distributor
determines his own margin
C. Distributors are under EU law more protected than agents
8. Both licensing and distributorship relations leave it basically free for the
parties to decide on the terms of their collaboration. However, EU
competition rules impact the freedom to contract. Please indicate which
undertakings that are prohibited:
A. Create territorial protection
B. Contain end pricing mechanisms
C. Control output
9. May a licensor do the folowing in a licensing arrangement? If not, which of
the following is unlawful?
A. She charges as royalty which almost deprives the licensee of any margin.
B. She requests compensation for the fact that the licensee also is granted
rights to any invention made by the licensor and requests that the licensee
shall free of charge grant back inventions made by him/her.
C. She divides the royalty by relating it partly to the licensed trademarks, patent
and know-how respectively thereby trying to secure evergreen royalty
payment.
10.What is the maximum compensation the shipper can receive based on weight
limitation if the goods were carried by sea?
A. 8,33 SDR per kilo
B. 2 SDR per kilo
C. 19 SDR per kilo
D. 17 SDR per kilo
1. In European Union law there is at present but one company form: The
European Company. Nonetheless there are as many possible types of
European Companies as there are member states. How can this be?
A. It can´t be, the statement is incorrect
B. Because every member state adds its cultural flavor to any European
Company set up in that member state
C. Because to a fairly large extent national law is applicable to European
Companies
2. What is meant by “regulatory competition” with regard to company law
within the European Union?
A. That companies from different member states compete with each other by
adapting their by-laws to the preferences of investors in other member states
B. That different interest groups compete with each other in order to influence
the development of European Union company law
C. That member states compete with each other by adapting their national
company law in order to attract primary establishments of companies
3. Rules regarding the representational authority on behalf of the company fall
into two groups. Which of the two following options are correct?
A. One group of rules tells us when a representative has acted wrongly
B. One group of rules identifies the conditions, under which a person or set
of persons is empowered to affect changes in the company's external legal
relations
C. One group of rules tells us when a representant is allowed to perform legal
acts on behalf of the company
D. One group of rules draws the limit between valid and invalid legal acts
which a representant has performed on behalf of the company
4. Why does comparative company law often focus on rule-functions rather
than the content of rules?
A. Because rules as such are viewed as uninteresting
B. Because rules as such cannot be compared with each other
C. Because functions are viewed as more universal than rules
D. Because a multiplicity of rules is consistent with a much more limited set
of functions
5. The core of company law can be said to consist of three types of rules.
Which are these three?
A. Rules concerning the responsibilities for the company's debts
B. Rules concerning the decision-making authority on behalf of the company
C. Rules concerning the bodies of the company and their internal relations
D. Rules concerning the membership in the company
E. Rules concerning the representational authority on behalf of the company
F. Rules concerning the company´s relation to its stakeholders
6. Is there such a thing as a European Company?
A. True
B. False
7. Rules regarding the decision-making authority on behalf of the company fall
into two groups. Which?
A. One group of rules tell us when a company decision exists
B. One group of rules tells us which rights members have with respect to the
content of company decisions
C. One group of rules draws the limit between lawful and unlawful company
decisions
D. One group of rules tells us which rights other stakeholders than members
have with respect to the content of company decisions
8. What does the "comply or explain" code entail?
A. It allows companies to depart from particular recommendations of the
applicable code, provided they explain the reasons for doing so.
B. Adapt to the rules.
C. Laissez-faire for all legal requirements.
9. Which of the following alternatives gives the best definition of “company
law”?
A. Legal rules that regulate companies
B. Legal rules that affect companies
C. Legal rules designed to solve typical conflicts within companies
D. Legal rules only applicable to companies
10.How are companies and contracts related?
A. Contracts presuppose companies as an institution
B. Companies presuppose contracts as an institution
C. Both contracts and companies are institutions in the service of private
autonomy
D. Companies are a species of contracts
E. Contracts are a species of companies
1. EU labour law is regulated by primary and secondary law. Secondary law in
this area is mostly made up of:
A. Regulations
B. Directives
C. Decisions
2. The EU Charter of Fundamental Rights became legally binding in 2009.
How is it relevant for European Labour Law?
A. It contains explicit protection for certain labour rights, such as collective
bargaining, collective action, and right to information within the
undertaking
B. It contains articles protecting freedom of expression, freedsom of
assembly, and equality between men and women, which are relevant in
labour law situations
C. It regulates the relationship between labour rights and the freedom of
movement
D. The Charter doesn’t apply to labour law situations
3. Which of the following alternatives are part of the important so-called
‘restructuring’ Directives that were adopted in the 1970s?
A. The Collective Redundancies Directive (98/59/EC)
B. Temporary Agency Work Directive (2008/104/EC)
C. Posting of Workers Directive (96/71/EC)
D. The Employer Insolvency Directive (2008/94/EC)
E. The Transfers of Undertakings Directive (2001/23/EC)
4. The (2001/23/EC) Transfers of Undertakings Directive regulates some
aspects of employment protection. A transfer of an undertaking does not in
itself constitute grounds for dismissal, but does not stand in the way of
dismissals due to economic, technical or organisational reasons.
A. True
B. False
5. The important Laval judgment (Case C-341/05) from the Court of Justice of
the European Union deals with posting of workers, the right to industrial
action and …
A. ... the freedom to provide services
B. … the freedom of establishment
C. … the free movement of capital
6. The aim of the (96/71/EC) Posted Workers Directive is to enable the free
movement of persons and services and to provide protection for workers in
the case of the posting of workers and the transnational provision of
services.
A. False
B. True
7. Which of the following EU labour law directives regulate different forms of
flexible work? Please select all that apply.
A. Temporary Agency Work Directive (2008/104/EC)
B. Part-Time Work Directive (97/81/EC)
C. Fixed-Term Work Directive (99/70/EC)
D. Employer Insolvency Directive (2008/94/EC)
E. Posted Workers Directive (96/71/EC)
8. The (97/81/EC) Part-Time Work Directive, the (99/70/EC) Fixed-Term
Work Directive and the (2008/104) Temporary Agency Work Directive
provide protection for employees through a specific principle, which?
Several answers could be correct.
A. The principle of mutual recognition
B. The principle of of legal certainty
C. The principle of non-discrimination
D. The principle of equal treatment
9. The EU mainstreaming approach as regards gender equality and non-
discrimination means that the EU in all its activities and policies must aim to
eliminate inequalities, to promote equality between men and women and to
combat discrimination.
A. True
B. False
10.What does the following definition refer to: ‘a situation where an apparently
neutral provision, criterion or practice would put persons of one sex at a
particular disadvantage compared with persons of the other sex, unless that
provision, criterion or practice is objectively justified by a legitimate aim,
and the means of achieving that aim are appropriate and necessary’
A. Direct discrimination on grounds of age
B. Indirect discrimination on grounds of sex
C. Indirect discrimination on grounds of age
D. Direct discrimination on grounds of sex
1. Is it a breach of EU law for member states to tax at a higher rate dividends
distributed to non-residents taxpayers?
A. There is a risk such measure would infringe article 63 TFEU, the free
movement of capital, which forbids restrictions on capital.
B. It is not a breach since the principle of subsidiarity allows a member state to
levy a tax for non-residents and not at the same time levy it on residents.
C. The member state can levy a tax at a higher dividends distributed on non-
residents as long as the tax is equal for all non-residents.
2. Which tax is levied on the most mobile tax basis?
A. Individual Income Tax
B. Corporate Income Tax
C. VAT
3. Why are VAT and indirect taxes harmonized?
A. Since it is a tax levied by the EU
B. Since Member States’ membership fee is partly based on the custom duties
and VAT
C. Since Member State need to cooperate rather than to compete on tax base
allocation
4. Which of the following sources of law deal with taxes on the internal
market?
A. Article 28 TFEU
B. Article 31 TFEU
C. Article 4 TEU
D. Article 6 TFEU
5. At which level of government are taxes decided upon?
A. European Union
B. National Governments
C. Local Governments
6. Do you think it is possible for a member state to tax at a higher rate dividens
distributed to non-resident tax payers?
A. Yes
B. No
C. It depends
7. The TFEU obliges Member States to equalize their domestic taxes with that
of other States.
A. True
B. False
8. Corporate income tax is a tax on capital (in the economic sense of it) and is
levied on a highly mobile tax basis, especially due to the free movement of
capital in the EU.
A. True
B. False
9. Why is environmental law relevant to the study and application of European
business law?
A. It overlaps with internal market law
B. There is no relevance
C. It is international law that overrides EU law
10.‘Environmental protection always overrides free movement provisions in the
EU legal context’. Consider this statement and answer whether you think it
is:
A. True
B. False
C. Dependant on the legal nature of the environmental protection measure
1. Pursuant to the Brussels I Regulation, a person domiciled within an EU
Member State (MS) can be sued in matters relating to tort in the MS where
he/she is domiciled.
A. True
B. False
2. Pursuant to the Brussels I Regulation, a person domiciled within an EU
Member State (MS) can be sued in matters relating to tort in the MS where
the harmful event occurred.
A. True
B. False
3. Pursuant to the Brussels I Regulation, where can a person domiciled within
an EU Member State (MS) be sued in matters relating to tort?
A. Either in the Member State where the harmful event occurred or the
Member State where he/she is domiciled, at the choice of the plaintiff
B. A person must be sued in the Member State where he/she is domiciled
C. A person must be sued in the Member State where the harmful event
occurred
4. A judgment given in an EU Member State must be recognized by the other
Member States even when they find it manifestly contrary to their public
policy.
A. False
B. True
5. Following EU Member States have been granted special standing regarding
the EU private international law rules:
A. Sweden
B. Denmark
C. Italy
6. The main rule of Rome II Regulation refers to the law of the country where:
A. The damage occurs
B. The harmful act was committed
C. None of the above
7. Even if an EU conflict rule refers to the law of a non-member state, the
conflict rule must be followed.
A. True
B. False
8. A Spanish company and a French company have entered into a contract
regarding research and development cooperation. The contract stipulates that
it is governed by German law. This choice is of law valid.
A. True
B. False
9. Can some of the provisions of the Treaty on the Functioning of the European
Union have a direct impact on the Private International Law of the Member
States?
A. True
B. False
10.Does EU law, as it is today, cover the whole Private International Law of the
Member States?
A. True
B. False
1. The value of trademarks is decreasing in today’s society.
A. False
B. True
2. EUIPO plays an important role as regards to the development of European
trademark law. Which of the following is a correct description as to what
EUIPO has as its principle task?
A. EUIPO is a not-for profit non-governments organisation that encourages the
development of Community wide Intellectual Property Rights.
B. EUIPO acts as first instance as regards trademark infringements on the
European level.
C. EUIPO is an EU-institution that developed autonomous policies as regards
European Trademark Law.
D. EUIPO is the EU Institution that governs the system of community rights
and registers community Trademarks (and Community Designs).
3. Are there any limitations regarding the lifespan of a trademark?
A. No.
B. Yes, 20 years.
C. Yes, 50 years.
4. It is necessary to consider both preliminary judgements from the ECJ on one
hand and administrative decisions from EUIPO, the General Court and the
ECJ on the other to fully understand EU trademark law.
A. True
B. False
5. A first question as to regards trademark protection is to define what a
trademark is, or to put it differently, what kind of signs that may be afforded
protection. In the new trademark directive (EU) 2015/2436 there are a
number of prerequisites that a sign must meet to be allowed protection.
Which of the following is not a prerequisite for trademark protection?
A. The signs must be capable of being represented on the register in a manner
which enables the competent authorities and the public to determine the
clear and precise subject matter of the protection afforded to its proprietor.
B. The signs must be used in the course of trade.
C. The signs must be capable of distinguishing the goods or services of one
undertaking from those of other undertakings
6. All signs cannot constitute trademarks and there are consequently several
grounds for refusal of a trademark registration. In article 3(1) c it is stated
that a sign may not constitute a trademark if the sign consists exclusively of
indications which may serve, in trade, to designate e.g. the kind, quality,
quantity, of the goods. Which of the following is a correct description as to
how article 3(1)c is to be applied and understood?
A. The wording of article 3(1)c speaks of signs that exclusively consist of
descriptive elements. This means that there is no ground for refusal as soon
as the sign also consists of some additional element.
B. The lack of distinctiveness that is indicated in article 3(1)c may be cured
by use and acquired distinctiveness.
C. As soon as there is something indicating a descriptive element a sign cannot
constitute a trademark Article 3(1)c only applies in relation to word marks.
7. Even if a trademark right exists a third party shall, under certain
circumstances, be allowed to use the trademark. Which of the following is
allowed regarding usage of a trademark, in the course of trade? (Check all
that apply)
A. It is allowed to use one’s own name in commercial information
B. It is allowed to use a competitor’s trademark in order to benefit from the
goodwill of the competitors trademarks.
C. It is allowed to use a competitor’s trademark in keyword advertising in order
to inform potential costumers about an offer to sell products that are
confusingly similar to the products provided by the competitor.
D. More or less all types of trademark use is allowed, as long as it is in
accordance with honest practices in industrial or commercial matters.
E. It is allowed to use a competitor’s trademark where it is necessary to
indicate the intended purpose of a product or service.
F. It is allowed to use a competitors name and address in commercial
information.
8. A trademark infringement may be defined as an unauthorised use of a
trademark. However, in order for such use to be regarded as infringing a
trademark right there are a number of prerequisites that have to be fulfilled.
Which of the following is a prerequisite for an infringement according to
article 5 trademark directive? (Check all that apply)
A. The use in question is not descriptive.
B. The use gives result to a likelihood of confusion.
C. The use in question has to be performed within 5 years from the day of
registration.
D. The use regards use of any sign which is identical with a protected
trademark in relation to goods or services which are identical with those
for which the trade mark is registered.
9. The “double identity” rule provides the proprietor with a right to prevent any
sign which is identical with the trademark in relation to any goods or
services.
A. True
B. False
10.What does degeneration mean?
A. That a trademark shall be revoked if, in consequence of acts or inactivity
of the proprietor, it has become the common name in the trade for a
product or service in respect of which it is registered.
B. That a trademark shall be revoked if it is not being used.
C. That a trademark shall be revoked if the person who registered the trademark
in the first place dies and no one else within the company takes over the
registration.
1. Which (one or several) of the following IPR-related exercises requires
vigilance by a dominant company?
A. Refusal to license essential facility.
B. Resale price maintenance (RPM – establishing licensee’s sales price) in
licensing relations.
C. Territorial allocation for its distributors.
2. Is it possible to divide the royalty payment obligation to relate partly to the
patent, a TM and the know-how and thereby secure payments even if the
patent should be invalidated?
A. No
B. Yes
3. An invention has to be absolutely new in order to receive patent protection.
How do you prevent that your own patent application becomes an obstacle
to patent applications in other countries? Several alternatives may apply).
A. By filling a PCT application you actually obtaining a single filing date in
all designated countries and thereby avoid that one application disturbs
the other.
B. If you file your subsequent patent applications within a twelve months
period, you will be entitled to priority from the first national application.
C. You select the countries where you want protection and file your
applications at the same date in all these countries.
4. Is the following statement correct? When determining novelty the invention
must be described in a single prior document, whereas when considering
inventive step reference can be made to several documents which hints at the
invention.
A. Incorrect
B. Correct
5. At what stage is it optimal to apply for patent protection?
A. Once the final product has been established but before a competitor has
been able to destroy the novelty.
B. Once the product is introduced on the market.
C. Never. Don’t apply. It is costly, short-lived and easy to circumvent. Rather
keep it dead secret.
6. In order to address harmful practices related to industrial property rights, the
Commission will apply:
A. A European patent misuse principle.
B. European competition law principles.
7. The EU Patent Regulation has been agreed and is awaiting final ratification.
Is it true that the newly established Unified Patent Court will decide on
infringement procedures?
A. Yes
B. No
8. May a licensor who has granted a license to its invention as well as any
future development require that the licensee assigns his development to the
licensor?
A. Yes
B. No
9. Could novelty be destroyed by a non-scientific article?
A. Yes
B. No
10.Can the German patentee prevent importation of his patented protected
product sold by his licensee in Spain from being imported into Germany?
A. Yes
B. No
1. Which are the three main rules that collectively make up the substantive
rules in EU competition law?
A. Regulation 1/2003
B. Article 101 TFEU
C. The EU merger regulation
D. The national competition laws
E. Article 102 TFEU
2. Which of the following can typically be found at the start of a competition
law investigation in the EU?
A. A decision by the European Commission.
B. A decision by an EU court.
C. A decision by a national court.
D. A decision by a national competition authority.
3. What are some of the benefits of competition?
A. Increased competition benefits the consumer by offering more, different
and cheaper products.
B. Someone is able to establish a monopoly which is beneficial in terms of the
financial outcomes for the company.
4. The relevant market combines the product market and the geographic
market, which of the following is the correct definition as provided by the
EU Commission?
A. A relevant product market comprises all those products and/or services
which are regarded as similar or substitutable by the consumer by reason of
the products' target group, fabric and intended use.
B. A relevant geographic market comprises the area in which the firms
concerned are involved in the supply of products or services and in which
the conditions of competition are sufficiently homogeneous.
C. A relevant product market comprises all those products and/or services
which are regarded as interchangeable or substitutable by the consumer
by reason of the products' characteristics, prices and intended use.
D. A relevant product market comprises all those products and/or services
which are regarded as provided in an area in which the firms concerned or
retailer are located and in which the conditions of competition are
sufficiently homogeneous.
5. What are the elements that must be fulfilled to establish a breach of Article
101?
A. An undertaking or an association of undertakings must be involved.
B. The agreement, concerted practice or decision by an association must
have the object or effect of distorting competition in the internal market.
C. The agreement, concerted practice or decision by an association must be
made in secret to harm customers.
D. There must be an effect on trade between EU Member States.
6. EU competition law can only be applied to entities which are recognized as
companies in a member State. True or false?
A. True
B. False
7. An agreement within the meaning of EU competition law requires a written
or at least legally binding agreement between the parties. True or false?
A. True
B. False
8. Article 101(3) provides a ‘legal exception’ to the prohibition in Article
101(1). Which of the following constituent elements must be satisfied for the
application of Article 101(3) TEFU?
A. An agreement must not afford such undertakings the possibility of
eliminating competition in a substantial part of the products in question.
B. An agreement must contribute to improving the production or distribution
of goods or to promoting technical or economic progress.
C. An agreement must allow consumers a fair share of the resulting benefit.
D. An agreement must not impose on the undertakings concerned restrictions
which are not indispensable to the attainment of these objectives.
9. An agreement is void under Article 101(2) TFEU if:
A. It is fulfilling the conditions of Article 101(1) TFEU.
B. It is fulfilling the conditions of Article 101(1) TFEU and not fulfilling the
conditions of Article 101(3) TFEU.
10.How can the conditions of 101(3) TFEU be described best?
A. An exception for agreements which restrict competition only a bit, so called
agreements of minor importance or de minimis agreements.
B. An exception for agreements which bring about efficiency.
C. An exception for agreements that do not restrict competition.
1. When is a company dominant within the meaning of EU competition law?
A. When a company’s market position is so strong that it can behave
independently of its customers.
B. When a company in the context of its business dealings is telling others what
to do.
C. When a company holds a strong market position in more than half of EU
member states.
D. When a company in the EU has a market share that is higher than its two
closest competitors.
2. Which of the following abuses is typically not considered to be
exclusionary?
A. Excessive pricing.
B. Exclusive dealing.
C. Exclusionary discounts and rebates.
D. Tying and bundling.
E. Predatory pricing.
F. Refusal to supply.
3. Which law regulates mergers in the EU?
A. Regulation 139/2004
B. Regulation 1/2003
C. The TFEU
4. What are the three conditions set out in the Regulation that need to be
fulfilled to intervene in a merger?
A. EU dimension.
B. An anticompetitive agreement between two companies.
C. Concentration.
D. Significantly impediment of effective competition in particular through
creating or strengthening of a dominant position.
5. What is the one-stop shop under the EU merger regulation?
A. A place where you can hand in your notification and it will be distributed to
all the relevant authorities.
B. A place where you can buy everything in one stop.
C. The European Commission, so there is no need to notify elsewhere.
6. When is a merger harmful to competition?
A. Where the merger creates a dominant position.
B. Where the merger lessens competition significantly.
C. Where the merger leads to an increased level of competition.
7. Which law regulates the Commission’s enforcement procedure in
competition proceedings relating in particular to cartel and abuse of
dominance investigations?
A. Article 101 and 102 TFEU (does not regulate the procedure but contains the
substantive prohibitions
B. Council Regulation 1/2003.
C. The European Merger Regulation (only relevant regarding mergers)
8. Which power of the following powers does the European Commission not
have within the current enforcement framework?
A. Request information for the companies involved in proceedings.
B. Conduct sector inquiries.
C. Wiretap phones of the companies involved.
D. Take witness statements.
E. Conduct dawn-raids/inspections.
9. What is the role of the Court in competition proceedings in the EU?
A. The Court issues warrants for dawn raiding companies suspected of
infringing EU competition law.
B. The Court imposes fines on companies that infringed EU competition law.
C. The Court reviews the European Commission’s decision in EU
competition proceedings.
10.The Commission may by decision impose fines on undertakings and
associations of undertakings where, either intentionally or negligently:
(a) they infringe Article 101 or Article 102 of the Treaty; or
(b) they contravene a decision ordering interim measures under Article 8; or
(c) they fail to comply with a commitment made binding by a decision pursuant to
Article 9.
For each undertaking and association of undertakings participating in the
infringement, the fine shall not exceed 10 % of its total turnover in the preceding
business year.
Where the infringement of an association relates to the activities of its members,
the fine shall not exceed 10 % of the sum of the total turnover of each member
active on the market affected by the infringement of the association.
True or false?
A. True
B. False
1. What could never be considered an undertaking under Article 107 TFEU?
A. The State itself
B. A company run by the State
C. A private undertaking
D. A municipal body which provides services
2. What is the main characteristic of EU State aid control?
A. It is legal
B. It is political
C. It is economic
D. All of the above
3. Which is the supervisory body in State aid procedure?
A. The Member State’s competition authority
B. The European Commission
C. The European Council
D. The Council
4. What are the consequences of a negative decision in State aid?
A. The aid must be repaid
B. The decision to pay the aid is invalid
C. The payments must stop but the recipient can keep the paid amounts
D. They normally carry no real effect
5. How do we define an ‘undertaking’ in Article 107(1) TFEU?
A. Companies registered in an EU Member State
B. An entity engaging in economic activity regardless of its legal status or
how it is financed
C. Registered companies, regardless of where they are registered
D. Privately owned limited companies
6. What are the consequences for the application of Article 107 TFEU if the
State acted like a normal, private investor?
A. There is no State aid in the meaning of Article 107(1) TFEU
B. The State must reimburse only parts of the aid EU
C. The State must repay the aid itself
D. The aid is considered legal by the Commission, which has to deliver a
positive decision
7. What provision in the Treaties regulates services of general economic
interest?
A. Article 106 TFEU
B. Article 107 TFEU
C. Article 108 TFEU
D. None of the above. It’s only case law of the Court of Justice
8. Which of the following is not part of the four main principles of EU public
procurement rules?
A. Open competition
B. Procedural fairness
C. Non-discrimination
D. Transparency
E. Cost effectiveness
9. Which steps are relevant for a typical procurement procedure under the EU
public procurement law?
A. Debriefing of the parties
B. Publication on the TED
C. Submission of bids only until a deadline
D. Standstill period
10.What are the legal reasons that the EU cannot exclude environmental or
social considerations?
A. The demands of the Member States
B. Article 7 to Article 14 TFEU
C. Article 7 to Article 14 TEU
Đề:
1. What TEU is abbreviated for?
A. Treaty of the Europe Unification
B. Treaty of the Europe Unit
C. Treaty of the Europe Utility
D. Treaty of the Europe Union
2. Pursuant to the Brussels I Regulation, where can a person domiciled within
an EU Member State (MS) be sued in matters relating to tort?
A. Either in the Member State where the harmful event occurred or the
Member State where he/she is domiciled, at the choice of the plaintiff
B. A person must be sued in the Member State where he/she is domiciled
C. A person must be sued in the Member State where the harmful event
occurred
3. Is EU labor law mostly regulated in and mostly made up of regulations?
A. Yes
B. No
4. What is the one-stop shop under the EU merger regulation?
A. The European Commission, so there is no need to notify elsewhere
B. A place where you can hand in your notification and it will be distributed to
all the relevant authorities.
C. A place where you can buy everything in one stop
5. The principle of proportionality has been adopted from…. And it is applied
in all fields of EU law.
A. French law
B. Scotland law
C. UK law
D. German law
6. What is not the main characteristic of EU State aid control?
A. It is legal
B. It is political
C. It is economic
D. All are not correct
7. In forging a long-term business strategy, what appears to lead to a better
result?
A. A step-by-step approach where the grounds are tested and balanced
relations achieved
B. A successful agreement where one’s principle wins on all items.
C. A rapid establishment of subsidiaries in all EU Member States
8. What has been described as being the DNA of EU law and the cornerstone
on which European integration is bulit?
A. All are correct
B. Principle of proportionality
C. The principle of transparency
D. The principle of non-discrimination
9. Who is company’s stakeholders?
A. All are correct
B. Creditor
C. Employees
D. Shareholders
10.Which institution elects the President of the European Commission?
A. The European Council
B. The European Parliament
C. The Court of Auditors
D. The European Commission
11.The legal certainty principle can be used in….
A. Two different ways, both as a tool for interpretation and as a standard
of judicial review
B. One way, which is to secure the transparency of the law
C. Three ways, which is a tool for interpretation, a standard of judicial review
and a tool for resolving disputes
D. None of the answers is correct
12.What are the legal reasons that the EU cannot exclude environmental or
social consideration?
A. Article 7 to Article 14 TEU
B. Article 7 to Article 14 TFEU
C. The demands of the Member States
D. None of the answers is correct
13.The council is also commonly called
A. The council of the European Union
B. The council of Ministers
C. A and B are correct
D. A and B are incorrect
14.Why unifying international law is deemed particularly important?
A. Because the law of the same country is applied regardless of in which
member state the dispute is adjudicated
B. Because the judgments given by a court of a member state are recognized
and enforced in the other member states
C. A and B are correct
D. A and B are incorrect
15.Most EU publications are available online?
A. True
B. False
16.Is the following statement correct?
“When determining novelty the invention must be described in a single prior
document, whereas when considering inventive step reference can be made to
several documents which hints at the invention.”
A. Incorrect
B. Correct
17.Are taxes the result of a voluntary decision by individuals
A. No. They’re imposed on taxpayers by national political decisions of
parliament and other political subdivisions
B. Yes. Taxes are voluntary agreements between individuals
C. Yes. Because the nature of taxes is depending on the honesty of individuals
D. None of the provided answers is correct
18.Is treating importers of liquors less favourably than those of table wine
discriminatory?
A. Yes
B. No. Table wine is more profitable, so its producers are required to be treated
with more favours
C. No. Because liquors are more harmful than table wine so we should treat
them less favourably to discourage the use of these
D. There is no correct answer
19.What is EU Secondary Legislation?
A. Regulations
B. Decisions
C. Directives
D. All are correct
20.How do we define an ‘undertaking’ in article 107(1) TFEU?
A. Companies registered in an EU Member State
B. An entity engaging in economic activity regardless of its legal status or
how it is financed
C. Registered companies, regardless of where they are registered
D. Privately owned limited companies
21.What was one of the main features of the Treaty of Maastricht?
A. The Charter of Fundamental Rights was adopted
B. The Court of Justice of the EU was established
C. It established a European Constitution
D. The name European Economic Community was changed to the
European Union
22.Could novelty be destroyed by a non-scientific article?
A. Yes
B. No
23.Flexicurity is about…..
A. Combining flexibility for employers
B. Security for employees
C. A and B are correct
D. A and B are incorrect
24.The free movement of services is one of the fundamental treaty freedoms
regulated in Article 56 of the Treaty of the Functioning of the European
Union
A. True
B. False
25.The benefits of competition that consumers may receive is… (3 answers)
A. Offering more products with cheaper price
B. Increase a monopoly and outcomes of the companies
C. The products in the market will be variously enriched
D. More promotions between competitors will benefit consumers
26.Is it correct that the charter of fundamental rights was proclaimed in Nice on
the 7th of December 2000 and became legally binding in the same year?
A. Yes, it is correct
B. No. The charter of fundamental rights was proclaimed in Nice on the 7th
of December 2000. However, it became legally binding only in
December 2009, when the Lisbon treaty entered into force.
C. No. The charter of fundamental rights was proclaimed in Nice and become
legally binding on the 7th of December 2000
D. None of the provided answers is correct
27.What principle is enshrined in Article 45(2) TFEU and re-iterated in
Regulation 492/2011 in relation to workers?
A. Supremacy
B. Mutual recognition
C. Non-discrimination
D. Proportionality
28.Rules regarding the decision-making authority on behalf of the company fall
into two groups, which are….
A. One group of rules tell us when a company decision exists
B. One group of rules draws the limit between lawful and unlawful company
decisions
C. A and B are correct
D. A and B are incorrect
29.Why does comparative company law often focus on rule-functions rather
than the content of rules?
A. Because rules as such are viewed as uninteresting
B. Because rules as such cannot be compared with each other
C. Because functions are viewed as more universal than rules, and a
multiplicity of rules is consistent with a much more limited set of
functions
30.Following EU Member States have been granted special standing regarding
to the EU private international law rules:
A. Sweden
B. Denmark
C. Italy
D. All are granted
31.The aim of the (96/71/EC) Posted Workers Directive is to enable the free
movement of persons and services and to provied protection for workers in
the case of the posting of workers and the transnational provision of services
A. True
B. False
32.Article 101(3) provides a ‘legal exception’ to the prohibition in Article
101(1). Which of the following constituent elements must be satisfied for the
application of the Article 101(3) TEFU?
A. An agreement must not afford such undertakings the possibility of
eliminating competition in a substantial part of the products in question
B. An agreement must not impose on the undertakings concerned
restrictions which are not indispensable to the attainment of these
objectives
C. A agreement must contribute to improving the production or
distribution of goods or to promoting technical or economic progress
D. An agrement must allow consumers a fair share of the resulting benefit
33.Resale price maintenance (RPM- establishing licensee’s sales price) in
licensing relations is an IPR-related exercise requiring vigilance by a
dominant company. What is your identification about this?
A. True
B. False
34.An agreement within the meaning of EU competition law requires a written
or at least legally binding agreement between the parties. True or False
A. True
B. False
35.Is it true that the current version of the TEU and TFEU contain very much of
the old original treaty?
A. True. The current version of the TEU and TFEU still contain very
much of the old original treaty
B. False. Both TEU and TFEU are significantly different from the original
versions
C. False. Only TFEU is different from the original versions
D. False. Only TFEU is significantly different from the original versions
36.The EU mainstreaming approach as regards gender equality and non-
discrimination means that the EU in all its activities and policies must aim to
eliminate inequalities, to promote equality between men and women and to
combat discrimination.
A. True
B. False
37.The Common Foreign and Security Policy (CFSP) is an integral part of the
Common Security and Defense Policy (CSDP)?
A. True
B. False
38.What is the name of the document that is commonly used in international
sea carriage of goods?
A. Sea waybill
B. Transport document
C. Consignment note
D. Bill of lading
39.What is the name of the main legal database of the EU?
A. The Database
B. European Times
C. Eur-Lex
D. European Legal Review
40.What are the elements that must be fulfilled to establish a breach of Article
101?
A. An undertaking or an association of undertakings must be involved
B. The agreement, concerted practice or decision by an association must have
the object or effect of distorting competition in the internal market
C. All are correct
D. There must be an effect on trade between EU Member States
41.The flexibilisation of the labour market has led to an increase in…..
A. Fixed-term work
B. Temporary agency work
C. Self-employment
D. All are correct
42.EU’s Regulations must be transposed by the National legislator into the
national legal order
A. True
B. False
43.Is treating traders in lamb meat less favourably than traders discriminatory?
A. Yes
B. No
C. It requires more information to decide on the case but generally, there is
no discrimination
D. There is no correct answer
44.An invention has to be absolutely new in order to receive patent protection.
How do you prevent that your own patent application becomes an obstacle
to patent applications in other countries? (Several alternatives may apply)
A. By filling a PCT application you actually obtaining a single filing date in all
designated countries and thereby avoid that one application disturbs the
other
B. If you file your subsequent patent applications within a twelve months
period, you will be entitled to priority from the first national application
C. All are not correct
D. All are correct
45.What does degeneration mean?
A. That a trademark shall be revoked if the person who registered the trademark
in the first place dies and no one else within the company takes over the
registration
B. That a trademark shall be revoked if it is not being used
C. That a trademark shall be revoked if, in consequence of acts or
inactivity of the proprietor, it has become the common name in the
trade for a product or service in respect of which it is registered
46.Which of the following abuses is typically not considered to be
exclusionary?
A. Tying and bundling
B. Excessive pricing
C. Predatory pricing
D. Exclusive dealing
47.What is the maximum compensation the shipper can receive based on weight
limitation if the goods were carried by sea?
A. 2 SDR per kilo
B. 17SDR per kilo
C. 8,33 SDR per kilo
D. 19 SDR per kilo
48.“Patent protection is more important in industries with long lifecycles, like
pharmaceutical industry, than the opposite like, for example the mobile
telephone industry”
A. This statement is correct
B. This statement is incorrect
49.Refusal to license an essential facility is an IPR-related exercise requiring
vigilance by a dominant company. Is it correct?
A. Yes
B. No