National Law

Question 1

Describe the European Parliaments supervisory Powers

Answer 1

• Commission must answer to Parliament & defend its 
proposals before it
• Commission must present Parliament with an annual report on the EU‘s activities
• Parliament may pass a motion of censure
• Parliament is empowered to set up committees of inquiry

Question 2

Treaty of Maastricht

Answer 2

• European communities ( legal personality)
  
  • European Community now called EC
  • European Coal and steel Community
  • European Atomic Energy Community
• A common foreign and security policy
• cooperation in the field of justice and home affairs

Question 3

Legislative procedures

Answer 3

• Ordinary Procedure - European Parliament as co legislator at the Councils side
• Special Legislative Procedure - Council is the sole legislator

Question 4

Old EUtreaty and Treaty of Lisbon

Answer 4

• abolishes pillar structure
• improves decision making process
• improves president of EU council
• High representative of foreign affairs

Question 5

The advocates General are involved in the voting of the judgements of the court of justice. true or false?

Answer 5

FALSE

Question 6

The European council is in charge of legislation and has the right of initiative. True or false?

Answer 6

FALSE

Question 7

Name and explain the three concepts of EU competitive law.

Answer 7

• Market power to exclude competition
• Market definition
• Barriers to entry

Question 8

Explain the structure ( paragraphs) of Article 101 TFEU

Answer 8

• prohibition ( collusion)
• legal exceptions
• nullity

Question 9

THe CISG is a treaty that is a uniform international sales law. To which kind of contracts does the CISG apply? To which kinds of contracts does it NOT apply ( exclusions)? Give two examples.

Answer 9

applies for companies that have their business premises in different countries for sale of goods
does not apply for private auctions and goods for private use

Question 10

Name the goals set forth by the CISG

Answer 10

• International Sale of goods
• develop international trade
• removal of legal barriers

Question 11

How can the CISG apply to an International Contract, if the parties are situated in countries which are not contracting states? can you give an example?

Answer 11

law of contracting states

Question 12

What is to be understood by „opting out“ ( with regard to the CISG)?

Answer 12

Not applying the CISG in a sale.

• private goods
• services
• auctions
• sale of electricity

Question 13

Incoterms do not define contractual rights and obligation other than for delivery. True or False?

Answer 13

True

Question 14

If the application of a foreign law manifestly violates the public policy (ordre public) of a country, this country may refuse to apply such law. True or false?

Answer 14

True

Question 15

Which are the three main areas of intellectual property law and what do they protect?

Answer 15

Patents
Trademarks
Copyright

Question 16

Fanciful Trademark

Answer 16

Invented name KODAK

Question 17

Why is the community trade mark said to be the masterpiece of European Integration?

Answer 17

Valid though out the EU and extends to future member states

Question 18

A community trade mark is valid for 10 years and can be renewed indefinitely for periods of ten years. true or false ?

Answer 18

True

Question 19

International registration of trade marks: When the WIPO registers your trade mark, does that mean that the the trade mark is protected in all countries that you have designated in you application? please answer in detail.

Answer 19

no it doesn’t. The WIPO only forwards your application to the offices. These offices then review your application under the applicable national law.

Question 20

A patent granted by the European Patent Organisation leads to a single European Union wide patent enforceable before one single court. True or false?

Answer 20

False

Question 21

Where can one file an international patent application?

Answer 21

National Patent office, WIPO