This Paper Is Not To Be Removed From The Examination Hall

THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALL
LA2024 October
LLB
BSc DEGREES WITH LAW
EU law
Monday 14 October 2019: 14.30 – 17.45
DO NOT TURN OVER UNTIL TOLD TO BEGIN
Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

answer the questions. Candidates must answer all parts of a question unless
otherwise stated.
Candidates must answer FOUR of the following EIGHT questions.
Permitted materials
Candidates are permitted to bring into the examination room the following
specified document: one copy of Core EU Legislation 2018-19 (Palgrave
Macmillan) OR one copy of Core EU Legislation 2019-20 (Palgrave Macmillan).
© University of London 2019

UL19/1115
Page 1 of 4
1. (Fictitious) Directive 2017/1 EU lays down health and safety rules for
hospital wards throughout the European Union. The deadline for the
implementation of the Directive was the 31st December 2018.
Article 1 of the Directive states:
All members of staff working in hospital wards where infectious

diseases are being treated must be provided with protective
masks.
Estonia implemented the Directive on time. However, the Estonian

implementing legislation contained an exception which stated that only
hospitals constructed after 1st January 2019 had an obligation to comply
with the provisions of the Directive. Maria is a nurse who works in a
private hospital in Tallinn established in 1970. She was not provided with
a protective mask while working in a ward where patients suffering a
vicious strain of influenza were being treated and she became seriously
ill with the disease.
Italy took no steps to implement the Directive. Alice works as a member

of the cleaning staff in a public hospital in Rome that does not provide
protective masks for its employees. She became very ill after working
without a protective mask in a ward treating infectious diseases.
Advise Maria and Alice with regards to their rights and possible remedies
under EU law.
2. ‘The ultimate rationale of direct effect of [Union] acts can be found in the
effective enforcement of [Union] law.’
Discuss the direct effect of Directives in the light of this statement.
3. John, an Irish national with a degree in the History of Art and Architecture
(from a prestigious Irish university), lives in Ireland, but travels often to
other states of the European Union whenever he obtains a contract to
carry out work as an independent tourist guide. He has just found out
that a major French travel agent wants to conclude several important
contracts with him. However, the French state refuses to grant him the
necessary authorisation. In France, all tourist guides are considered to
provide public services, and they have to either reside permanently in
France or be French nationals. In Italy, the private travel company, Pluto,
refuses to employ him, as they consider his knowledge of Italian to be
inadequate.
Advise John whether EU law can assist him.
UL19/1115
Page 2 of 4
4. Fairystories is a book company in Sweden specialising in publishing
modern interpretations of traditional fairy tales. It wants to expand its
business to Finland and Portugal.
Finland intends to combat books containing excessive violence.

Publishers need to submit every book to a Committee Against Violence
in Books (CAVIB). If the Committee considers the book to contain
excessive violence (the guidelines for the assessment are published on
the Committee’s website), the publisher must pay an extra £10 per book.
Fairystories is worried that some of its books, even though they are
based on traditional fairy tales, may indeed fall into this category.
Portugal has recently enacted a law prohibiting sales, including those of

books, on Sundays. It argues that this will allow parents and children to
spend more time to play on Sundays.
Advise Fairystories as to its rights under EU law.
5. ‘Despite the high rhetoric of its case law, the Court of Justice of the
European Union fails to take the protection of fundamental rights
seriously.’
Discuss.
6. Hans, a German national, is on holiday in Greece when he buys a ticket

for the Greek National Lottery. To his amazement and delight, he wins
€500,000. When he returns to Germany, his tax adviser congratulates
him on the win, but says that it is a shame he did not win the German
lottery instead, since in that case his winnings would have been tax
exempt. German tax law requires organisers of lotteries established in
Germany to pay tax on their revenues but Lottery winnings are tax
exempt. Hans is dismayed about having to pay income tax on his lottery
winnings.
Advise Hans on whether EU free movement of services law can assist

him.
7. ‘Recent case law has deprived EU citizenship of much of its legal

substance. EU citizenship no longer helps EU citizens in need.’
Discuss.
UL19/1115
Page 3 of 4
8. Intelligent Toys is a toy producer with a 40% market share of the
European toy market. In January 2019 it agreed with Wooden Toys and
Plastic Toys, two other major European producers, that it would sell
mostly in the UK and Northern Europe; Wooden Toys mostly in Central
European; and Plastic Toys mostly in Southern Europe. Intelligent Toys
has not been very successful in Sweden (in Northern Europe), and
wants to increase their sales. They would like to offer attractive discounts
to customers in Sweden.
Advise Intelligent Toys.
END OF PAPER
UL19/1115
Page 4 of 4

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THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALL

Monday 14 October 2019: 14.30 – 17.45

DO NOT TURN OVER UNTIL TOLD TO BEGIN

Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

Candidates must answer FOUR of the following EIGHT questions.

© University of London 2019

Article 1 of the Directive states:

All members of staff working in hospital wards where infectious

Estonia implemented the Directive on time. However, the Estonian

Italy took no steps to implement the Directive. Alice works as a member

Discuss the direct effect of Directives in the light of this statement.

Advise John whether EU law can assist him.

Finland intends to combat books containing excessive violence.

Portugal has recently enacted a law prohibiting sales, including those of

Advise Fairystories as to its rights under EU law.

6. Hans, a German national, is on holiday in Greece when he buys a ticket

Advise Hans on whether EU free movement of services law can assist

7. ‘Recent case law has deprived EU citizenship of much of its legal

Advise Intelligent Toys.

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