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EU law > Case law > Flashcards

Case law Flashcards

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1
Q

It is an MEEQR when a measure affacts the behavior of consumers and therefor barriers the acces of the product on the market

A

Mickelsson and Roos case

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2
Q

It was an MEEQR because the rule makes sure that consumers won’t buy the product and therefor it affects the market in the same way as it was a QR.

A

Italian Trailers-case

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3
Q

The Keck reception was confirmed in this case

A

Gourmet-case

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4
Q

art. 34 TFEU has a positive and negative dimension: it does not only prohibit solely measures emanating from the State which create restristions on trade between MS. It also applies where a MS abstains from adopting the measures required in order to deal with obstacles to the free movement of goods which are not caused by the State

A

Spanish strawbarries-case

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5
Q

Implied justification for art. 34 and 35 TFEU

A

Cassis de Dijon-case

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6
Q

Difference between selling arrangements and product requirements

A

Familiapress-case

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7
Q

Exception art. 34 TFEU

A

Keck-case

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8
Q

Definition MEEQR as in art. 34 TFEU

A

Dassonville-case

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9
Q

is there a CEE as in art. 110 TFEU?

A

Outokumpu-case

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10
Q

When are products similair according to art. 110 TFEU?

A

Natural Sweet Wines-case

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11
Q

When are products similair according to art. 110 TFEU?

A

Beer & Wine-case

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12
Q

When are products similair according to art. 110 TFEU?

A

Whiskey and Cognac-case

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13
Q

CEE + exception art. 30 TFEU

A

Bauhuis The Netherlands-case

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14
Q

Definition CEE’S + Exception art. 30 TFEU

A

Statistical Levy-case

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15
Q

Definition of a good

A

Art treasures-case

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16
Q

Does art. 34 TFEU apply to activities of a private law body which can restrict market acces of products?

A

Fra. Bo SpA-case

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17
Q

Has Michelin abused its dominant position?

A

Michelin II-case

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18
Q

Has Mediaprint abused its dominant position?

A

Bronner-case

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19
Q

Has UBC abused its dominant position?

A

United Brands-case

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20
Q

Is predatory pricing a commercially legitimate strategy?

A

AKZO-case

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21
Q

Definition of market

Definition of dominance

A

Hoffman-La Roche-case

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22
Q

Determining whether an agreement reveals a suffient enough degree of harm to competition.

A

P Cartes Bancaires c. Commission-case

23
Q

Was there a concerted practice? Yes

A

ICI v. Commission-case

24
Q

Is an organization charged with managing a social security scheme to be regarded an undertaking as understood by art. 101 TFEU?

A

Poucet and Pistre-case

25
Q

Is the SAT an undertaking?

A

SAT v. Eurocontrol case

26
Q

A beer supply contract is prohibited under art. 101 TFEU if two conditions are met

A

Delimitis-case

27
Q

An agreement (granting an exclusive right of sale) may under certain conditions fall within art. 101 TFEU

A

STM case

28
Q

Apparently unilateral behavior can be seen as an agreement, there has to be the existence of an acquiescene by the other partners, expressed or implied, in the attitude adopted by the manufacturer to speak of an apparently unilateral behavior

A

Bayer-case

29
Q

Art. 101(2) TFEU only applies to the parts of the agreement which are subject to the prohibition

A

Consten and Grundig-case

30
Q

Definition undertaking

A

Höfner and Elser-case

31
Q

Three steps to test wheter tax is selective

A

Gibraltar Tax reform-case

32
Q

Three steps to test wheter tax is selective

A

Adrien- Wien case

33
Q

Art. 107 TFEU covers all financial means by which the public authorities may actually support undertakings, irrespective of whether or not those means are permanent assects of the public sector, as long it can be imputed to the State

A

Stardust-case

34
Q

The fact that the measure is financed “by a Member State or through State resources” is an essential element to classify the measure as State aid as it shows the necessity of a link between the State and its State burden, and the economic advantage gained by a specific undertaking

A

PreussenElektra-case

35
Q

A refusal to grant a right of residence to a third country national with dependent minor children in the MS where those children are nationals and reside, has the effect of depriving citizens of the Union of the genuine enjoyment of the substance of the rights conferred by virtue of their status of citizens of the Union.

A

Zambrano-case

36
Q

Art. 21 TFEU has direct effect

A

Baumbast case

37
Q

A student that is a EU citizen that is residing in the host Member State could claim acces to social assistance under the same conditions as nationals of that Member State.

A

Grzelzyck-case

38
Q

How should the word ‘spouse’ as in article 2(2)(a) CRD be interpreted?

A

Coman-case

39
Q

EU citizens who are not covered by art. 7 CRD, may still have residence under 21(1) TFEU. The CJEU accepted a residence right of a Union citizen that claimed Belgian social assistance ‘Minimex’ for unemployed people under this articel.

A

Trojani-case

40
Q

Does EU law prohibit national legislation of a host MS by which a national of another MS who is not economically active is excluded of obtaining social assistance in that host state?

A

Dano-case

41
Q

Can MS withdraw a nationality, which holds the consequence to lose the Union citizenship?

A

Rottman-case

42
Q

Deporting a third-country husband of an EU zitizen would not be an unjustifiable limitation on the right to familiy life as it does not force the EU citizen herself to leave the EU. So art. 21 TFEU and 3 CRD does not apply when people have always resided in the MS of origin.

A

McCarthy-case

43
Q

More specific guidelines on withdrawal of nationality and consequences to EU citizenship.

A

Tjebbes-case.

44
Q

Case-law on fundamental rights

A

ERT-case
Gebhard-case
Wachauf-case
SChmidberger-case

45
Q

Definition worker

A

Lawrie-Blum case

46
Q

Is an on-call worker a worker under article 45 TFEU? Does the free movement of workers apply? Does
it matter how long someone has worked?

A

Raulin-case

47
Q

Is national legislation which does not entitle an employee to severance pay upon termination of his
employment because he has himself terminated the employment contrary to article 45 TFEU?

A

Graf-case

48
Q

Does EU law prohibit a football club requesting a transfer fee from a new employing club for an
employer whose contract has ended?

A

Bosman-case

49
Q

Does article 45 TFEU also apply to jobseekers?

A

Antonissen-case

50
Q

When a national of a Member State has settled with his family within the territory of another Member
State and remains there after having obtained a retirement pension, do his descendants living with
him retain the right to equality of treatment granted by the Workers Regulation when they have
reached the age of majority, are on longer dependent upon him, and do not have the status of
workers?

A

Lebon-case

51
Q

Justify grounds for non-discriminatory & indirect discriminatory grounds of freedom of persons

A

Gebhard-case

52
Q

Services can be considered ‘remuneration’ as long as the work done was ‘capable of being regarded as
forming part of the normal labour market’

A

Trojani-case

53
Q

When is there a public service as in the exception for art. 45(4) TFEU?

A

Commission v Belgium case

EU law (10 decks)

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