week 4

Question 1

What is the preliminary ruling procedure in EU law?

Answer 1

A procedure where a national court asks the CJEU for clarification on EU law.

Question 2

What two questions can the CJEU answer under Article 267 TFEU?

Answer 2

• How to interpret EU law
• Whether an EU act is valid

Question 3

What is the declaratory theory regarding CJEU rulings?

Answer 3

The CJEU explains what the law already meant, without creating new law.

Question 4

What is the retroactive effect of preliminary rulings?

Answer 4

They can affect legal situations from before the ruling.

Question 5

the court of tribunal

Answer 5

CJEU decides what qualifies under EU law as such court

Question 6

What power do national courts have under Article 267 TFEU?

Answer 6

The autonomous power to refer questions to the CJEU.

Question 7

What is the obligation of national courts regarding EU law questions?

Answer 7

To ask the CJEU when there is doubt about the validity of a union act.

Question 8

What is the acte clair doctrine?

Answer 8

National courts do not have to refer questions when the correct interpretation of EU law is clear.

Question 9

What is the acta éclairé doctrine?

Answer 9

Applies when the CJEU has already clearly answered a materially identical question.

Question 10

What is an infringement action?

Answer 10

Initiated when a member state does not comply with EU law.

Question 11

What is the pre-litigation stage?

Answer 11

The stage before a case goes to court, starting with a letter of formal notice.

Question 12

What happens if a member state does not respond convincingly to a formal notice?

Answer 12

The commission sends a reasoned opinion stating the breach.

Question 13

What is force majeure in relation to the CJEU?

Answer 13

An exception for unforeseeable or unavoidable circumstances in a case.

Question 14

What can the CJEU declare regarding breaches of EU law?

Answer 14

The breach, requiring the member state to take action to fix the problem.

Question 15

What does Article 260 TFEU address?

Answer 15

Financial penalties for states that do not comply with EU law.

Question 16

What are the three stages under Article 7 for systematic problems?

Answer 16

• Warning phase
• Declaration phase
• Sanction phase

Question 17

What is the annulment action?

Answer 17

Allows the CJEU to check if EU institutions acted within their powers.

Question 18

What specific legal grounds can the CJEU review?

Answer 18

• Formal grounds
• Substantive grounds

Question 19

What is the three-step test used by the CJEU?

Answer 19

• Suitability
• Necessity
• Proportionality in the strict sense

Question 20

What are the three categories of legal standing before the CJEU?

Answer 20

• Privileged applicants
• Semi-privileged applicants
• Non-privileged applicants

Question 21

What is the Rome formulation?

Answer 21

Individuals can only bring a case when it is of direct and individual concern.

Question 22

What was the outcome of the Plaumann case?

Answer 22

The CJEU ruled that the importer was not individually concerned.

Question 23

What does the Lisbon Treaty introduce regarding private applicants?

Answer 23

A more flexible approach, allowing challenges to certain types of EU acts.

Question 24

What are the three types of EU acts that can be challenged under Article 263?

Answer 24

• Acts addressed to the applicant
• Regulatory acts of direct concern
• Acts of direct and individual concern

Question 25

What is the action for failure to act under Article 265?

Answer 25

When the EU does not act when legally required.

Question 26

What is required before bringing an action for failure to act?

Answer 26

The institution must first be formally invited to act.