University of London La3024 ZA

THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS
UNIVERSITY OF LONDON LA3024 ZA
DIPLOMA IN THE COMMON LAW

LLB
BSc DEGREES WITH LAW
EU law
Friday 13 May 2016: 14.30 – 17.45
Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

answer the questions.
Candidates should answer FOUR of the following EIGHT questions.
Candidates should answer all parts of a question unless otherwise stated.
Permitted materials
Students are permitted to bring into the examination room the following
specified document: one copy of Blackstone's EU Treaties and Legislation
(OUP).
© University of London 2016
UL16/0230
Page 1 of 5
1. ‘The Charter may never achieve in Europe the level of popular
awareness enjoyed by the Bill of Rights in the United States. But the
collection in a single place of so comprehensive a range of rights will
prompt European lawyers, judges and students to read them, to
become familiar with them and to apply them.’
Discuss this assessment of the Charter of Fundamental Rights.
2. Zenfit has been lawfully producing herbal teas in the UK for some time.
The success of its sales in the UK has encouraged Zenfit to try to
export its products to other EU Member States. However, it has
encountered some difficulties. In France, legislation requires that any
information on the packaging of herbal teas must be in French. In
Spain, the national agency for food and health has recently classified
all herbal teas as ‘medicinal products’ which makes them subject to a
specific authorisation by the agency.
Advise Zenfit on the compatibility of the French and Spanish measures

with EU law.
UL16/0230
Page 2 of 5
3. Recy-Cel is a special type of cellulose manufactured from recycled
material. There are three main producers of Recy-Cel in Europe.
TreeHugger, based in the UK, is the largest producer with a market
share of 44%. A German manufacturer, RecyHandelsgesellschaft, has
a market share of 20%, a Spanish manufacturer, CelEspaña, has a
market share of 20%, and several other small producers represent
16% of the market. TreeHugger wishes to increase its market share
and seeks your advice on the applicability of EU competition law to the
following proposed strategies:
(a) It wants to launch an extensive publicity campaign in

Spain and Germany to announce some drastically
reduced prices for Recy-Cel. Specifically it wants to offer
very attractive discounts to new customers in these
Member States.
(b) At the initiative of RecyHandelsgesellschaft, it

participated in several meetings with three smaller
producers and RecyHandelsgesellschaft in order to
construct a ‘rational joint marketing’ plan that would allow
each manufacturer to ‘more efficiently concentrate’ their
sales efforts in certain geographical zones and withdraw
from other areas. While RecyHandelsgesellschaft is
supposed to sell in Germany and Austria, TreeHugger is
supposed to concentrate on the Irish, British and
Scandinavian markets, whereas the three other
producers will concentrate on new markets in the 12 new
Member States. The primary advantage of this plan is to
avoid ‘wasteful rivalry’ between the companies within the
same geographical area.
Advise TreeHugger as to whether and under what conditions the above

strategies are compliant with EU competition rules.
UL16/0230
Page 3 of 5
4. Mette, a Danish national, and her husband Viktor, a Russian national,
move to the UK from Denmark with their two-year-old son, Frederic.
The UK authorities grant residence permits to the entire family.
Mette has been offered a job as a journalist with a fashion magazine,

Sparkle. However, on the day Mette’s job is due to begin, the
magazine’s publishers decide to close down Sparkle in response to
poor sales. Mette begins to search for another journalism job. In the
meantime, she finds work as a ‘runner’ for a reality television
programme, making coffee, running errands and answering the
telephone for two or three hours a day, for which she receives travel
expenses and modest remuneration.
Mette’s earnings from working as a ‘runner’ are very low, and after two
months Mette and Viktor have exhausted their savings. Mette
applies for jobseeker’s allowance (the social security allowance paid to
unemployed people) and child benefit for Frederic. Mette is refused
jobseeker’s allowance on the ground that she is not habitually resident
in the UK. She is also informed that she is not entitled to receive child
benefit because she has never worked in the UK.
Viktor, who previously worked as an art teacher in Denmark, and

wishes to retrain to teach mathematics in the UK. He applies for a
place on a teacher-training course, and also for a bursary (a
maintenance grant) offered by the UK government to encourage
applicants due to a national shortage of maths teachers. Viktor is told
by the UK authorities that he is not eligible for a bursary payable from
public funds because he is not a national of an EU Member State.
Advise Mette and Viktor of any rights under European law.
5. ‘The essence of the Dassonville (1974) test is that, as a matter of law,

a hindrance to trade might occur, and the purpose or intent behind the
measure does not seem to be relevant…’
In what ways and to what extent has the approach of the Court to the
free movement of goods in Dassonville (1974) been modified in its
subsequent case law? Is the Dassonville (1974) test still of relevance?
UL16/0230
Page 4 of 5
6. The sale of alcohol in Finland is strictly regulated. In particular, Law
123/1965 provides that no advertisement of drinks with an alcohol
content greater than 5% can be broadcast on TV. In 2014 the Finnish
Government becomes concerned about the sale of ‘alcopops’ – sweet,
low alcohol drinks with names likely to appeal to young children. It
therefore introduces Law 1/2014, which provides that alcopops drinks –
which usually have an alcohol content of around 2% – cannot be
advertised on TV.
The European Commission decides to bring an action against Finland

for violation of free movement provisions.
Advise the Finnish government.
7. ‘The European Court of Justice has described the concepts of direct

effect and supremacy as “the essential characteristics of the
Community legal order”.’
Discuss.
8. ‘Rapid economic integration in the EU has not been accompanied by

an equivalent adaptation of social policies and legislation.
Correspondingly, the concept of the Union citizenship created by the
Treaty is not considered to be an effective step in creating and
maintaining substantive individual rights.’
Discuss.
END OF PAPER
UL16/0230
Page 5 of 5

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THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA3024 ZA

DIPLOMA IN THE COMMON LAW

Friday 13 May 2016: 14.30 – 17.45

Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

Candidates should answer FOUR of the following EIGHT questions.

Candidates should answer all parts of a question unless otherwise stated.

© University of London 2016

Discuss this assessment of the Charter of Fundamental Rights.

Advise Zenfit on the compatibility of the French and Spanish measures

(a) It wants to launch an extensive publicity campaign in

(b) At the initiative of RecyHandelsgesellschaft, it

Advise TreeHugger as to whether and under what conditions the above

Mette has been offered a job as a journalist with a fashion magazine,

Viktor, who previously worked as an art teacher in Denmark, and

Advise Mette and Viktor of any rights under European law.

5. ‘The essence of the Dassonville (1974) test is that, as a matter of law,

The European Commission decides to bring an action against Finland

Advise the Finnish government.

7. ‘The European Court of Justice has described the concepts of direct

8. ‘Rapid economic integration in the EU has not been accompanied by

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