European Law

Seen Problem Question in Part A (in maximum 2,000 words) and ONE essay question of your choice from Part B (in maximum 1,000 words).

This piece of coursework will be assessed by reference to the following criteria:
1. Demonstrates clear, precise, detailed and up-to-date knowledge of the field.
2. Apply knowledge to resolution of complex problems and formulate advice to fictional clients from problems provided.
3. Recognizes and assesses the relevant critical issues.
4. Formulates relevant and supported arguments/criticism.
5. It is focused, well-structured, well-supported and clear.
6. Demonstrates an ability to research and use relevant primary and secondary sources.

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This coursework assessment is designed to allow students to show how the following learning outcomes have been achieved:
Knowledge: Demonstrate knowledge of the procedural systems for ensuring compliance with EU Law by individuals and Member States; demonstrate knowledge of the inter-relationship between national and EU Laws; demonstrate knowledge of the substantive topics covered during the module.
Thinking skills: Analyse fundamental concepts devised by the European Court of Justice; analyse appropriate legal cases in the context of European integration.
Subject-based practical skills: Apply knowledge of EU Law to resolution of complex problems; formulate advice to fictional clients from problems provided.
Skills for life and work (general skills): Enhance communication and presentation skills.

(The following events, names and legislation, both European and domestic are all fictitious.)

1. Council Directive 2018/XX on the rights of airline passengers departing from an airport located in the European Union (the Directive) provides that:

– Passengers whose flight is delayed by more than 6 hours are entitled to compensation by the airline. Compensation is set at Euro 300.
– Passengers whose flight is cancelled or delayed by more than 6 hours have the right to receive assistance by the airline in the form of catering, communication and an overnight stay if necessary.
– Passengers whose baggage is lost or damaged by the airline are entitled to a minimum compensation of Euro 200.

The Directive was to be implemented by the Member States by 1 January 2020.

On 3rd April 2020, Eeshan travelled from Berlin to Rome, where he lives, flying Bellitalia. Bellitalia is an airline where the Italian government holds a 51% majority. Eeshan’s flight was subject to an 8-hour delay during which Bellitalia did not provide any assistance or information to passengers. Furthermore, Bellitalia lost Eeshan’s luggage, which he had not insured at the time of purchasing his flight ticket. Bellitalia is refusing to pay him any compensation stating that they are not liable under the applicable Italian law, i.e. the Law on Airline Traveller Rights 2020 (the Law).

The Law was passed by Italy in December 2019 to purportedly implement the Directive.

The Law provides that airlines are liable to pay compensation to passengers for delayed flights when the delay exceeds 12 hours. Under the Law, in case of delayed or cancelled flights, airlines are required to provide assistance to passengers ‘so far as reasonable’. The Law further provides that airlines are not responsible for lost or damaged luggage unless passengers pay an insurance fee when purchasing their flight ticket.

Advise Eeshan on the remedies that may be available to him under the Directive. In particular:

i) Could Eeshan invoke the Directive against Bellitalia?
ii) Would it be advisable for Eeshan to rely on the indirect effect of the Directive? and
iii) Could Eeshan initiate a state liability claim under Francovich?

The second Part B you can chooose which question is easiest for you to do i dont mind.


2. Examine the significance of the Lisbon Treaty in terms of its contribution to the legal and constitutional development of the EU.

3. Read the following extract from a newspaper and answer the question that follows.

‘The European Commission is taking Italy to court for failing to clear up a festering rubbish crisis in [the city of] Naples. More than 250,000 tons of backlogged waste has been piling up on its streets since collection came to a near halt in December because there was no more room at dumps.

The European Commission said it was taking Italy to the European Court of Justice because Naples and the Campania region have not obeyed EU law that require governments to pick up rubbish and dispose of it safely.

It also sent Italy a written warning for failing to comply with an earlier court ruling that found the Lazio region around Rome disobeyed EU rules because it did not have a regional waste management plan.’

Explain the legal action(s) and possible outcomes to which this extract refers, and in doing so, and with reference to relevant case law, explain the features of these actions and how far proceedings have progressed in the cases referred to.

N.B. You are not required to explain EU law relating to the environment.

4. With reference to relevant case law, explain the purpose of Article 267 TFEU, and the relationship that it creates between the European Court of Justice and the Member State courts.

5. “The entry into force of the EU Charter of Fundamental Rights is the latest development in the process of codification aimed to ensure the protection of fundamental rights in the EU.”


6. Examine, in the light of case law, how the European Court of Justice has controlled attempts by member states to (i) impose pecuniary charges on goods imported from other member states; and (ii) discriminate fiscally against such goods once they have been delivered and marketed.

7. How far do you agree with the view that the Court of Justice has taken a broad approach to the application of the prohibition on quantitative restrictions and measures equivalent to quantitative restrictions in Article 34 TFEU?

All of this should be 3000 words then if you could please do a HARVARD referencing, 15 sources would be great. PLease only use UK cases to back up answers in both questions.

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