CASE LAW

Question 1

Stauer 1969

Answer 1

Fundamental rights are a shared competence

Question 2

Vang en Loos

Answer 2

Principle of direct effect + free movement of people and goods

Question 3

Costa Enel

Answer 3

Principle of supremacy

Question 4

Melloni 2003

Answer 4

National courts cannot impose constitutional standards if it affects the uniform application of EU law

Question 5

Commission vs Council 1971

Answer 5

ERTA doctrine

Question 6

Open Sky

Answer 6

Exclusive external EU competences Art. 3 TFEU

Question 7

Rosnef

Answer 7

ECJ has jurisdiction on the validity of CFSP acts

Question 8

Belgium vs Spain

Answer 8

MEE can be compatible with EU law (art. 36)

Question 9

Carbonatil

Answer 9

CEE restrictions apply internally and externally

Question 10

Commission vs Belgium

Answer 10

Exception to permit CEE only if a service is rendered that benefits the exporter in a direct manner

Question 11

Buy Irish

Answer 11

Harming intra community trade indirectly or directly is still a MEE

Question 12

Foi grasse

Answer 12

Harming intra community tree in an actual or potential manner is a MEE

Question 13

Cassis de Dijon

Answer 13

Products sold lawfully in a member state, may not be prohibited from sale in another

Question 14

Keck case

Answer 14

MEE divided into 2:

1) product requirement as in characteristics and labelling

2) selling arrangements, as in measures discriminating against imports in law or in fact

Question 15

Michelleti (1992)

Answer 15

EU, MS, and 3 country nationalities can coexist, and habitual residence shall not be taken into account

Question 16

Rottman 2010

Answer 16

EU citizenship is revoked as MS revokes their own whilst following the principle of proportionality

Question 17

Austria vs Germany

Answer 17

Indirect discrimination can be incompatible with EU law

Question 18

Dano 2011

Answer 18

Benefit tourism will not be encouraged