Distance Learning Module Planner
Law of the European Union
Course Code: MP–LD2024
Module Leader: Lynn Leighton-Johnstone
© University of Wolverhampton 2007
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Contents
How to Use Your Module Planner
5
Topics Covered by Module
7
Skills to be Developed and Examined
8
Examinations
9
A Brief Guide to Study Skills
10
Introduction to Study Units
13
Reading List
14
Study Unit 1: The Doctrine of Supremacy; Direct Effect and State Liability 16
Study Unit 2: The Free Movement of Workers
20
Study Unit 3: Freedom of Establishment and Services
25
Study Unit 4: Sex Discrimination and Equal Pay
29
Study Unit 5: The Free Movement of Goods
33
Study Unit 6: Competition Law
37
Learning Project
41
Practice Question and Suggested Answer
47
Revision
53
Taking the Examination
57
Module Questionnaire
59
How to Use Your Module Planner
The Module Planner is vital to your studies. It divides the work in each area into Units, and shows
you the minimum number of hours you should spend on each Unit, at the top right hand corner of
the first page of each Study Unit, in order to understand the law involved. You should plan on devoting a minimum of 150 hours to each module you study.
The section headed ‘Essential Reading’ contained in the Reading List and each Study Unit refers
you to the materials with which you are provided: the Textbook, 150 Leading Cases and Statute
Book. The materials listed in the Essential Reading are sufficient to enable you to complete the
course very effectively.
The section headed ‘General Reading’ lists other books which, if you wish, you can read to give
you other approaches to the law. These books are not provided but you should be able to purchase them from Hammicks Legal Bookshop, whose address, telephone number and website details are provided in the General Reading section of the Reading List. They are not essential for
you to be successful on the course, but they may help to give you a different viewpoint of the law
involved in this module.
The Module Planner guides you through the course. Work through it logically, and in order, and
make sure you understand one Unit before you move on to the next. At the end of each Unit you
will find a set of Self-Study Questions. Test yourself on these and make sure you understand them
before you move onto the next Unit.
At the end of the Study Units you will find the Learning Project. A compulsory question will be set
in the examination in Section A of your paper on all or parts of the material covered by the Learning Project, and this will count for 50 per cent of your overall grade, so it is essential that you ensure you study and understand all aspects covered by it. The Study Units which relate to the
Learning Project have been indicated to guide you through this material while you study.
The Module Planner is your guide to the topic of English law that it covers. Have it with you as you
study and you will make the most of this opportunity to obtain the best law degree of which you
are capable.
With this Module Planner you should have the following materials:
Law of the European Union Textbook:
Foster on European Union law OUP (2006 )
Cases and Materials:
EU Treaties and Legislation 2007-2008 OUP
Cases and Materials on EU Law OUP
If you do not receive this set of materials, please contact:
Distance Learning Department
Holborn College
Woolwich Road
Charlton
London
SE7 8LN
Tel: +44 (0) 208 317 6000
Fax: +44 (0) 208 317 6003
E-mail: dl@holborncollege.ac.uk
Topics Covered by Module
This module covers the following topics within English law.
The Doctrine of Supremacy; Direct Effect and State Liability
The Free Movement of Workers
Freedom of Establishment and Services
Sex Discrimination and Equal Pay
The Free Movement of Goods
Competition Law
Skills to be Developed and Examined
To be successful in the end of module examination you need to show that you understand and
can apply the area(s) of law you have been studying. You must be able to demonstrate this to the
examiners by writing answers which communicate the points you wish to make accurately and in
good English. This is a key part of demonstrating that you have understood the points of law, the
cases and the Acts of Parliament that you have studied.
Before you start to write your answer, identify the issues that are relevant to the question. These
must be clearly stated in your short introductory paragraph(s). When referring to case law and
statute law, you then need to explain the relevant legal principles in the context of the issues you
identified in your introductory paragraph(s). Finally, you need to write a concluding paragraph
which brings your points together. Do not write everything you know about an area, or write
answers that take the form of a series of notes. Your answer should be structured in the way described above and be written in good English.
For further guidance on how you will be graded please consult your Award Guide which contains
an explanation of the criteria used to grade your work.
It is important that you practice answering questions and in particular take the opportunity to submit a sample question for marking and feedback. This question is contained in the Practice Question section of the Module Planner.
Examinations
This module is assessed by one, two hour, unseen written examination. Examinations take place
in September, January, and May of each year. The examination is in two parts: Part A is a compulsory question and counts for 50 per cent of the total grade, Part B has four questions of which
you will be required to answer two only. Each of the questions in Part B is worth 25 per cent of the
total grade.
The compulsory question in Part A is based on those topics which make up the Learning Project.
You will find details of the Learning Project and the topic area covered by it at the end of the Study
Units in this Module Planner. You should read this section carefully to identify those areas of the
module covered by the Learning Project.
You will, therefore, know in advance of the examination that there will be a substantial question on
the topics covered by the Learning Project. When you write the examination you should make sure
that you devote 50 per cent of the time to the question in Part A. Your answer to this question
should normally be about twice as long as your answer to the two questions in Part B.
The purpose of the Learning Project is to allow you to study a significant part of the syllabus in
depth in the sure knowledge that you will be examined on it. In this way, hard-working students
who have studied their materials thoroughly will be able to write an in-depth answer and have full
credit for the work they have done reflected in the grade awarded.
There is no assessed coursework for this module. The total grade for the module is based upon
the unseen written examination. Although you should make sure that you cover the whole syllabus, it is particularly important that you study those syllabus topics which are covered by the
Learning Project thoroughly so that you can write a complete answer to the compulsory question
in Part A and take advantage of the fact that this question is worth 50 per cent of the grade.
The examination is a two-hour examination with an additional 15 minutes reading time. It is an unseen examination. You will, however, be able to take into the examination an unmarked copy of
your 150 Leading Cases, Statute Book and Law Update (this means that you should not write on
these materials; you are only allowed to underline or highlight part of the text). As stated above,
you will also know what topics will be covered by the compulsory question in Part A of the
examination, provided you have studied the details of the Learning Project at page 44 of this Planner.
A Brief Guide to Study Skills
As a distance learning student you will undoubtedly have other demands on your time. It is, therefore, important that you use your time effectively. The following tips are intended to help you do
so.
Time Management
Be realistic.
Work out what time you have available for study; take out time for sleeping, eating, recreation, etc.
Try to plan ahead – do not leave everything to the last minute.
Prioritise – do not do the easiest task first, but the one that really needs to be done first.
Set objectives which are reasonable, and make sure that they are somewhere you see
them.
Break large tasks into manageable sub-tasks and set target dates against each sub-task.
Keep a wall planner chart.
Try doing the most difficult things when you feel at your best.
Remember the unexpected always happens, so be flexible – don’t get angry when plans
have to change.
Effective Reading
Reading
Read with purpose (what questions have to be answered?).
Read selectively – scan and skim – only read in detail what you need to.
Mentally recite what you have just read.
Make notes at appropriate points – bullet points, do not rewrite the whole book.
Review
Did I answer the questions I wanted to?
Do I understand and remember what I read?
Studying
Where?
Choose somewhere that is conducive to study. You need: a large table or desk; a suitable
chair; a bookcase; adequate, suitable lighting; adequate ventilation; reasonable temperature – too cold,
you can’t concentrate – too warm, you will go to sleep.
Banish distractions – magazines, radio, telephone, TV.
Decide where you study best, and try to keep to it.
When?
When you are alert.
Not when you are too tired.
When it is the best time of day for you – some people work better at night, others early in
the morning.
How?
Try studying for 50 minutes, break for 10 minutes, etc.
Have all you need available – pens, pencils, dictionary, PC, etc.
Avoid too much physical relaxation or you will go to sleep!
Actively study – make notes, etc. It is difficult to just read for too
long; it makes you sleepy and you lose concentration.
Remember to have breaks and do have time for relaxation.
Set yourself targets, and give yourself rewards!
Practice Questions
At the end of each unit you will find Sample Questions, and at the end of the Planner is a Practice
Question and Suggested Answer. strongly advised to submit at least one answer to either a Sample Question or the Practice Question for marking. Unless you do so you will not gain any insight
into your strengths and weaknesses.
Introduction to Study Units
The Study Units deal with the individual topics covered by the module. The module is broken
down into Study Units to enable you to look at each area of law in digestible parts. You must work
through each Study Unit in order, ensuring that you understand the material covered by each Unit
before progressing on to the next one.
Each Study Unit is broken down into four major sections.
Reading List
This indicates what reading you must do (Essential Reading) in order to cover all of the material
set in the Unit. All material listed in the Essential Reading is provided as part of your study materials. You can, if you wish, further your knowledge and understanding by completing the General
Reading in each Unit. These materials are not essential for you to complete the course, but you
may find them useful in your study. Such materials are not supplied, and you are responsible for
obtaining copies of the titles listed in the General Reading. Details are given in the Reading List of
suppliers.
Case Law and Statutes
This section directs you to those cases and statutes that you will need to read and understand in
order to complete the Unit. All materials listed here can be found in your Textbook or 150 Leading
Cases.
Self-Study Questions
These are questions designed to set the parameters of the Study Unit and to test your application
of the basic principles.
Sample Questions
These may be essay or problem questions, often taken from past examination papers. You should
attempt your own answers to all of these questions.
Reading List
These are the titles that you will use throughout the course. They are referred to in the reading
section of each Study Unit, to guide you in your learning.
Essential Reading
All materials listed here must be read in order for you to understand the module. These books are
supplied as part of your study materials.
.
Essential Reading
All materials listed here must be read in order for you to understand the module. These books are
supplied as part of your study materials.
Law of the European Union Textbook: Foster
and
EU Treaties and Legislation 2007-2008 OUP
Cases and Materials on EU Law OUP
General Reading
These materials are not supplied, and are not essential to pass the module. You may, however, wish to refer to them to deepen your understanding of the topics covered by the course. You
are responsible for obtaining your own copies of these titles. If you choose to do so, you should be
able to purchase them by contacting Hammicks Legal Bookshops at 192 Fleet Street, London
EC4A 2NJ; tel: +44 (0)20-7405-5711 or you can order online at www.hammickslegal.co.uk.
EU Law for Today’s Lawyers Kaczorowska (2000) Old Bailey Press
Textbook on EC Law Steiner, Woods and Twigg-Flesner (8th edition 2003)
Oxford University Press
Cases and Materials on EC Law Weatherill (6th edition 2003) Oxford University Press
Law of the EC Vincenzi and Fairhurst (3rd edition 2001) Longman
EU Law: Text, Cases and Materials Craig and de Burca (3rd edition 2002) Oxford University Press
In addition, in each Study Unit you will find a list of cases which should be consulted. Summaries of these can be found in the 150 Leading Cases; cases marked with an * are referred to in the
Textbook. If you have access to the Internet you may wish to take advantage of the legal materials
available via this source. See your Award Guide for details.
For those students who have never studied the law, certain terminology used may be difficult
to understand at first. As you progress through the course, you will learn a range of new words
and phrases that are frequently used in the study of law. If you encounter any difficulties with the
terminology used, however, you will find it useful to refer to a legal dictionary, which will explain
the meaning of legal words and phrases in plain English. Mozley and Whitley’s Law Dictionary
(12th edition 2001) by Butterworths is very helpful, and can be purchased through Hammicks Legal Bookshops.
Study Unit 1 Suggested minimum study hours: 20
Topic
The Doctrine of Supremacy; Direct Effect and State Liability
This Unit covers material contained in the Learning Project.
Introduction
This Unit deals with one of the fundamental principles of the law of the EC – supremacy. It will
then move on to consider the doctrine of direct effect, an important and controversial aspect of
Community law. In addition, this Unit will assess indirect effect and the creation of a Communitywide remedy of damages for state liability.
Objectives
a To understand the supra-national character of Community law.
b To understand the concept of supremacy (primacy) of Community law over the national law of
the Member States.
c To understand the doctrine of direct effect and its application to various sources of EC law, especially Directives.
d To assess the means by which the European Court of Justice (ECJ) has attempted to resolve
any problems in the application of direct effect, especially:
i the extended definition given to the state;
ii indirect effect; and
iii state liability.
Essential Reading
These titles have been supplied as part of your study materials.
Law of the European Union Textbook – Relevant Chapters
Law of the European Union Cases and Materials– (See listed cases)
General Reading
These titles have not been supplied and are not essential reading, but you may wish to refer to
them to further your understanding. EU Law for Today’s Lawyers, Kaczorowska – Relevant
Chapter(s) EU Law: Text, Cases and Materials, Craig and de Burca – Relevant Chapter(s)
Textbook on EC Law, Steiner, Woods and Twigg-Flesner – Relevant Chapter(s)
Cases and Materials on EC Law, Weatherill – Relevant Chapter(s)
Law of the EC, Vincenzi and Fairhurst – Relevant Chapter(s)
Case law
DOCTRINE OF SUPREMACY
Costa v ENEL Case 6/64 [1964] ECR 585; [1964] 3 CMLR 425
Internationale Handelgesellschaft GmbH v Einfuhr und Vorratsstelle
für Getriede und Futtermittel (EVGF) Case 11/70 [1970] ECR 1125
R v Secretary of State for Transport, ex parte Factortame (No 2) Case
213/89 [1990] 3 CMLR 375 (HL); [1991] 1 AC 603
R v Secretary of State for Transport, ex parte Factortame Ltd and Others [1999] 3 CMLR 597 (HL)
Simmenthal v Commission Case 92/78 [1979] ECR 777 Van Gend en Loos v Netherlands Case
26/62 [1963] ECR 1; [1963] CMLR 105
THE DIRECT EFFECT OF TREATY PROVISIONS
Costa v ENEL Case 6/64 [1964] ECR 585; [1964] 3 CMLR 425
Defrenne v Sabena (No 1) Case 43/75 [1976] ECR 455; [1976] 2 CMLR 98
Internationale Handelsgesellschaft GmbH v Einfuhr und Vorratsstelle
für Getriede und Futtermittel (EVGF) Case 11/70 [1970] ECR 1125
* Simmenthal v Commission Case 92/78 [1979] ECR 777 Van Gend en Loos v Netherlands Case
26/62 [1963] ECR 1; [1963] CMLR 105
THE DIRECT EFFECT OF DIRECTIVES
Faccini Dori v Recreb Srl Case C–91/92 [1994] ECR I–3325 Foster and Others v British Gas plc
Case C–188/89 [1990] ECR I–33/3; [1990] 3 CMLR 833
Franz Grad v Finanzamt Traunstein Case 9/70 [1970] ECR 825
International Fruit Company v Produktschap voor Groenten en Fruit
Cases 51 and 54/71 [1972] ECR 1219
Marshall v Southampton and South-West Hampshire Area Health
Authority (No 1) Case 152/84 [1986] ECR 723
Officier van Justitie v Kolpinghuis Nijmegen BV Case 80/86 [1989] 2
CMLR 18
Pubblico Ministero v Ratti Case 148/78 [1979] ECR 1629
Van Duyn v Home Office Case 41/74 [1974] ECR 1337; [1975] CMLR 1
INDIRECT EFFECT
Marleasing SA v LA Comercial Internacional de Alimentacion SA Case
C–106/89 [1990] ECR 4135; [1992] 1 CMLR 305
Von Colson and Kamann v Land Nordrhein-Westfalen Case 14/83
[1984] ECR 1891
STATE LIABILITY
Brasserie du Pêcheur SA v Germany C–46/93 [1996] 1 CMLR 889
* Brinkman Tabakfabriken GmbH v Skatteministeriet Case C–319/96
[1998] ECR I–5255
Denkavit International BV v Bundesamt für Finanzen Cases C–283,
291 and 292/94 [1996] ECR I–SO63
Dillenkofer and Others v Federal Republic of Germany Joined Cases
C–178, 179 and 189/94 [1996] ECR I–4845
Francovich and Bonifaci v Italian Republic Joined Cases C–6 and 9/90
[1991] ECR I–5357; [1993] 2 CMLR 66
Norbrook Laboratories Ltd v Minister of Agriculture, Fisheries and
Food Case C–127/95 [1998] ECR I–1521
R v HM Treasury, ex parte British Telecommunications plc Case
C–292/93 [1996] ECR I–1631
R v Ministry of Agriculture, Fisheries and Food, ex parte Hedley Lomas
(Ireland) Limited Case C–5/94 [1996] ECR I–2553
Rechberger and Greindl v Austria Case C–140/97 [1999] ECR I–3499
Cases marked with an * can be found in your Textbook; all other cases can be found in your Cases and Materials text
.
Self-Study Questions
1 Define, with reference to relevant cases, the following concepts:
a the supremacy of EC law;
b direct applicability; and
c direct effect.
2 What conditions must a provision/source of EC law meet before it may be directly effective?
What implications does this have for the direct effect of Directives?
3 What limitations are there to the extent of the direct effect of Directives? Use relevant cases to
illustrate your answer.
4 What was the significance of the decision in Francovich? What issues did the case leave unanswered?
5 Discuss the effects of the decision in Brasserie du Pêcheur in relation to the determination of
state liability.
Sample Question
Hansel and Gretal was a German based holiday company. The company offered package holidays to a range of European destinations. In August 1999, Mr Woodcutter bought a holiday from
Hansel and Gretal. The holiday was for a 21 day tour of the Canary Islands. Mr Woodcutter left on
his holiday on 26 August, but on the 5 September a company representative notified him that Hansel and Gretal had gone bankrupt. Mr Woodcutter had to pay for a flight to Berlin in order to get
home.
Mr Woodcutter has since discovered that an EC Directive (Dir 97/977/EC) states that holiday
companies should be insured so that in the event of bankruptcy, the costs of returning holidaymakers will be covered. Directive 97/977/EC had an implementation deadline of 1 January 1999,
but no action was taken in Germany after complaints from holiday companies that paying insurance premiums would force them to increase their prices.
Mr Woodcutter requests your advice on whether he may take any action against Hansel and
Gretal and the German Government. Advise Mr Woodcutter.
(Wolverhampton LLB by Distance Learning, January 2001, Question 1.)
Study Unit 2 Suggested minimum study hours: 10
Topic
The Free Movement of Workers
Introduction
This Unit will study one of the fundamental freedoms of the EC – the free movement of workers, sometimes now referred to as the free movement of persons since its extensive interpretation
by the ECJ. The Unit will concentrate on the definition of a worker, their family and the rights
available to them. There will also be emphasis on the means by which a Member State may impose derogations on the right to free movement.
Objectives
a To understand the concept of the free movement of workers within the EC as established by
the EC Treaty and subsequent Regulations and Directives. b To assess the interpretation of
‘worker’ and ‘family’ for the purposes of free movement with reference to relevant cases. c To assess the derogations (exceptions) to free movement.
Essential Reading
These titles have been supplied as part of your study materials. Law of the
European Union Textbook – Relevant Chapters
Law of the European Union Cases and Materials– (See listed cases)
General Reading
These titles have not been supplied and are not essential reading, but you may wish to refer to
them to further your understanding. EU Law for Today’s Lawyers, Kaczorowska – Relevant
Chapter(s) EU Law: Text, Cases and Materials, Craig and de Burca – Relevant Chapter(s)
Textbook on EC Law, Steiner, Woods and Twigg-Flesner – Relevant Chapter(s)
Cases and Materials on EC Law, Weatherill – Relevant Chapter(s)
Law of the EC, Vincenzi and Fairhurst – Relevant Chapter(s)
Case law and materials
CITIZENSHIP OF THE EU
Criminal Proceedings against Bicket and Franz Case C–274/96 [1998]
ECR I–7637
Kremzow v Austria Case C–299/95 [1997] ECR I–2629 Sala (Maria Martinez) v Freistaat Bayern
Case C–85/96 [1998] ECR I–2691 WORKER
Bettray v Staatssecretaris van Justitie Case 344/87 [1989] ECR 1621
Kempf v Staatssecretaris van Justitie Case 139/85 [1986] ECR 1741 Lawrie-Blum v Land BadenWürttenberg Case 66/85 [1987] 3 CMLR 767
Levin v Staatssecretaris van Justitie Case 53/81 [1982] ECR 1035
Steymann v Staatssecretaris van Justitie Case 196/87 [1988] ECR 6159
WORK INCLUDES ‘IN SEARCH OF WORK
Procureur du Roi v Royer Case 48/75 [1976] ECR 497 R v Immigration Appeal Tribunal, ex parte
Antonissen Case C–292/89 [1991] 2 CMLR 373 ‘SPOUSE’
Diatta v Land Berlin Case 267/83 [1985] ECR 567
Kaba (Arden) v Secretary of State for the Home Department Case
C–356/98 [2000] ECR I–2623
Netherlands v Reed Case 59/85 [1986] ECR 1283
R v Immigration Appeal Tribunal and Surinder Singh, ex parte
Secretary of State for the Home Department Case C–370/90 [1992] 3
CMLR 335
R v Secretary for State for the Home Department, ex parte Shingara
and Radiom Joined Cases C–65 and 111/95 [1997] ECR I–3341
WORKERS’ FAMILIES
Brown v Secretary of State for Scotland Case 197/86 [1988] ECR 3205
Casagrande v Landeshaupstaadt München Case 9/74 [1974] ECR 773
Echternach and Moritz v Netherlands Minister for Education Cases
389 and 390/87 [1989] ECR 723
Fiorini (neé Cristini) v SNCF Case 32/75 [1975] ECR 1085
Gravier v City of Liège Case 293/83 [1985] ECR 593 Study Unit 2 21
Gül (Emir) v Regierungspräsident Düsseldorf Case 131/85 [1986] ECR 1573
Morson and Jhanjan v Netherlands Cases 35 and 36/82 [1982] ECR 3723
S (Michel) v Fonds National de Reclassement Handicapés Case 76/72
[1973] ECR 457
Walrave and Koch v Association Union Cycliste Internationale Case 36/74 [1974] ECR 1405 EMPLOYMENT IN PUBLIC SERVICE
Allué v Universita degli Studi de Venezia Cases C–259/91, C–331/91 and C–332/91 [1993] ECR
I–4309
EC Commission v Belgium (Re State Employees) Case 149/79 [1980] ECR 3881
EC Commission v France Case 307/84 [1986] ECR 1425
DISCRIMINATION ON GROUNDS OF NATIONALITY
Sotgiu v Deutsche Bundespost Case 152/73 [1974] ECR 153
Union des Associations Européennes de Football v Jean-Marc Bosman Case C–415/93 [1996]
ECR I–4921 DEROGATIONS
Adoui and Cornvaille v Belgian State Joined Cases 115 and 116/81 [1982] ECR 1665 Bonsignore
v Oberstadtdirector of the City of Cologne Case 67/74 [1975]
ECR 297
Criminal Proceedings against Calfa Case C–348/96 judgment of 19
January 1999; [1999] ECR I–11
R v Bouchereau Case 30/77 [1977] ECR 1999
R v Pieck Case 157/79 [1980] ECR 2171
R v Secretary of State for the Home Department, ex parte Gallagher
Case C–175/94 [1995] ECR I–4253
Rutili v Minister of the Interior Case 36/75 [1975] ECR 1219
Van Duyn v Home Office Case 41/74 [1974] ECR 1337
EC Treaty: arts 39–55
Regulation 1612/68, OJS 1968, L257/2 p475
Directive 68/360, OJS 1968, 1968, L257/13 p485 Regulation 1251/70, OJS 1970, L142/29 p902
Directive 64/221, OJS 1952–66, p117, Article 2(2) Treaty on European Union 1992: Part II
‘Citizenship of the Union’ Directive 93/96/EC (1993) (residence for students) Directive 90/365/EC
(July 1994) (residence for retiring persons)
Treaty of Amsterdam 1997
Cases marked with an * can be found in your Textbook; all other cases can be found in your Cases
and Materials text
Self-Study Questions
1 How is the term ‘worker’ defined in Community law, what does it comprise and what test has
the case law of the ECJ developed as far as the definition of ‘worker’ is concerned?
2 Assess a worker’s rights to enter and reside in another Member State.
3 What is the worker’s family, and what rights are they entitled to? What is the meaning of
‘spouse’ in Regulation 1612/68 as interpreted by the ECJ? How has the ECJ dealt with the issue
of cohabitees? 4 What is a worker entitled to do in a Member State according to Regulation 1612/68?
5 On what grounds may the Member States restrict the freedom of movement? What rights are
workers entitled to under Directive 64/221 if such grounds are to be invoked?
6 Has the ECJ interpreted the ‘public service’ proviso under art 39(4) widely or not (give examples)?
Sample Questions
1 Hans, a German national working part-time in a school in Italy, has received a deportation
order. The order states that he must leave Italy within six days and that he has no right of appeal.
The grounds provided in the order state only that he is not a ‘worker’, and that the employment he
does have is within the public service. Isobelle, a French national, would like to go to Spain and
look for work as a waitress. The Spanish authorities have told her that she must have a job offer
before she arrives in Spain. She would also like to be able to take her American boyfriend to live
with her in Spain. The Mitchell family, from Luxembourg, live in Belgium. Grant Mitchell, the father, works as a taxi driver. Tiffany Mitchell, his wife, has been refused a travel pass, and the children have been refused grants to attend the local university on the basis that they are
nonnationals. Advise Hans, Isobelle and the Mitchell family as to their rights under EC law.
(Wolverhampton LLB by Distance Learning, September 2001, Question 3.)
2 Xavier, a French national, has received an offer of employment from a Greek school, which
teaches French to children. The job is only parttime for a two-year period. Xavier would like to accept the offer, but is concerned as to whether he will be entitled to look for another job in Greece
once his contract expires.
Xavier has been informed by the Greek authorities that he will not be eligible for a residence
permit, and that his Spanish girlfriend will not be able to live with him. The school has also told him
that he will have to pass a medical examination, even though Greek nationals are automatically
accepted, before he can start teaching. Xavier is worried that a previous conviction for dangerous
driving may prevent him from being able to take up employment at the school. Advise Xavier as to his
rights under EC law.
(Wolverhampton LLB by Distance Learning, January 2001, Question 2.)
3 Parminder, an Austrian national, decided to look for work in Spain over eight months ago. On
entering Spain she was required to show both her ID card and her passport. She has applied for
over 20 jobs but has only been offered part-time work with an animal rescue organisation. She
seeks your advice on the following matters: a whether her entry was compatible with EC law; b
whether she will have worker status if she takes the job with the animal rescue organisation; c
whether her daughter will be entitled to live with her and go to school in Spain; d whether the
Spanish authorities could deport her on the basis of a previous five-year-old conviction for dangerous driving. Advise Parminder.
(Wolverhampton LLB by Distance Learning, May 1999, Question 2.)
Study Unit 3 Suggested minimum study hours: 20
Topic
Freedom of Establishment and Services
Introduction
This Unit looks at another of the fundamental freedoms – freedom of establishment and the
provision/receipt of services. One particular issue important to this area of study is that of recognising the various and differing qualifications throughout the EC that an individual may have acquired.
Objectives
a To understand the concept of the right of establishment.
b To assess how the Community institutions and the ECJ have dealt with the issue of securing
recognition for equivalent qualifications.
c To understand the concept of free movement/provision of services, and the extension of such
free movement to the right to receive services too.
d To consider the response of the ECJ to non-discriminatory measures by Member States designed to ensure the maintenance of professional standards/ethics, etc.
Essential Reading
These titles have been supplied as part of your study materials.
Law of the European Union Textbook – Relevant Chapters
Law of the European Union Cases and Materials– (See listed cases)
General Reading
These titles have not been supplied and are not essential reading, but you may wish to refer to
them to further your understanding. EU Law for Today’s Lawyers, Kaczorowska – Relevant
Chapter(s) EU Law: Text, Cases and Materials, Craig and de Burca – Relevant Chapter(s)
Textbook on EC Law, Steiner, Woods and Twigg-Flesner – Relevant Chapter(s)
Cases and Materials on EC Law, Weatherill – Relevant Chapter(s)
Law of the EC, Vincenzi and Fairhurst – Relevant Chapter(s)
Case law and materials
PROFESSIONAL QUALIFICATIONS
Haim v Kassenzahnärztliche Vereinigung Nordrhein Case C–319/92
[1994] ECR I–425
Reyners (Jean) v Belgium Case 2/74 [1974] ECR 631
Thieffry v Conseil de l’Ordre des Avocats à la Cour de Paris Case 71/76
[1977] ECR 765
UNECTEF v Heylens and Others Case 222/86 [1987] ECR 4097
Vlassopoulou v Ministerium für Justiz, Bundesund
Europaangelegenheiten Baden-Wütemburg Case C–340/89 [1991]
ECR I–2357
PROFESSIONAL RULES OF CONDUCT
Kraus v Land Baden-Württemberg Case C–19/92 [1993] ECR I–1663
Van Binsbergen v Bestuur van de Bedrijfvereniging Voor de
Metaalnijverheid Case 33/74 [1974] ECR 1299
FREEDOM TO RECEIVE SERVICES
Cowan v Trésor Public Case 186/87 [1989] ECR 195
Luisi and Carbone v Ministero del Tesoro Cases 286/82 and 26/83
[1984] ECR 377
Society for the Protection of Unborn Children (Ireland) v Grogan Case
C–159/90 [1991] ECR I–4685
EC Treaty: arts 12, 43, 45, 49 and 55
Directive 73/148, OJ 1973, L172/14
Directive 77/249, OJ 1977, L78/17
Directive 89/48, OJ 1989, L19/16
Directive 99/42, OJ 1999, L201/77
Directive 98/5, OJ 1998, L077/36
Cases marked with an * can be found in your Textbook; all other cases can be found in your 150
Leading Cases.
Self-Study Questions
1 Describe Article 43 EC Treaty. Is it directly effective?
2 What has the ECJ ruled as far as mutual recognition of professional qualifications is concerned? What point has the harmonisation of these qualifications reached? Discuss the provisions of relevant Directives.
3 What is the difference between freedom of establishment and provision of services?
4 Does there exist a freedom to receive services? 5 What is meant by ‘rules of professional
conduct’? How has the ECJ dealt with such supposedly non-discriminatory measures? Use cases
to provide examples.
Sample Questions
1 Peter, a Dutch national, studied at university for four years and passed all the Dutch qualifications to be an architect. He was top of his class, and was awarded a Certificate of Excellence
when he graduated. Peter worked for a large firm of architects for three years, and then set up his
own business. He has managed the business, Pete’s Architectural Delights, for five years, and
has a team of ten architects working for him.
Peter’s wife is Italian and they would like to move to Italy so that the children can spend more
time with their grandparents. Peter would like to set up a firm in Rome, but is concerned that he
does not have Italian qualifications.
Advise Peter on any procedure that the Italian authorities must follow when assessing his qualifications, and what rights he and his family may be entitled to should they move to Italy.
(Wolverhampton LLB by Distance Learning, May 2001, Question 5.)
2 Sangeeta, a British national, is a qualified car mechanic who has five years experience working on classic cars. Sangeeta has done some research, and has discovered that classic cars are
very popular in Portugal. With financial backing from her parents, Sangeeta would like to set up
her own garage in Portugal, specialising in the restoration of classic cars. However, the Portuguese authorities have informed her that her qualifications are ‘inadequate’. They have provided
no reasons for their decision and no right of appeal. Instead, they have requested that she complete a short course and an aptitude test in Portugal. As a non-national she is required to pay for
enrolling on the course and all accommodation expenses, although nationals receive a monetary
grant.
Advise Sangeeta as to her rights under EC law.
(Wolverhampton LLB by Distance Learning, January 2001, Question 3.)
3 Critically analyse the approach of both the European Union institutions and the European Court
of Justice to the problem of professional qualifications in the application of Article 43.
(Wolverhampton LLB by Distance Learning, May 1999, Question 4.)
Study Unit 4 Suggested minimum study hours: 20
Topic
Sex Discrimination and Equal Pay
Introduction
Freedom from discrimination is an accepted principle of EC law. This Unit will concentrate on
the Treaty provision for equal pay and its expansive interpretation by the ECJ. This has been, and
remains, an area of some controversy. Relevant secondary legislation, such as that on equal treatment, will also be considered.
Objectives
a To consider the interpretation of art 141 of the EC Treaty, especially in terms of (i) the definition given to ‘pay’; and (ii) the types of discrimination outlawed, with emphasis on indirect discrimination. b To assess the legislation and any relevant cases providing for equal treatment.
Essential Reading
These titles have been supplied as part of your study materials.
Law of the European Union Textbook – Relevant Chapters
Law of the European Union Cases and Materials– (See listed cases)
General Reading
These titles have not been supplied and are not essential reading, but you may wish to refer to
them to further your understanding. EU Law for Today’s Lawyers, Kaczorowska – Relevant
Chapter(s) EU Law: Text, Cases and Materials, Craig and de Burca – Relevant Chapter(s)
Textbook on EC Law, Steiner, Woods and Twigg-Flesner – Relevant Chapter(s)
Cases and Materials on EC Law, Weatherill – Relevant Chapter(s)
Law of the EC, Vincenzi and Fairhurst – Relevant Chapter(s)
Case law and materials
EQUAL PAY
Article 141 and Directive 75/117
Barber v Guardian Royal Exchange Assurance Group Case C–262/88
[1990] ECR I–889
Defrenne v Sabena (No 1) Case 43/75 [1976] ECR 455
Garland v British Rail Engineering Case 12/81 [1982] ECR 359
Handels-og Kontorfunktionaerernes Forbund v Faellesforeninger for
Danmarks Brugsforeninger Case C–66/96 [1998] ECR I–7327
Kalanke v Freie Hansestadt Bremen Case C–450/93 [1995] ECR I–3051
* Macarthys v Smith [1980] ECR 1275; [1981] QB 180
Murphy v Bord Telecom Eireann Case 157/86 [1988] 1 CMLR 879
R v Secretary of State for Employment, ex parte Seymour Smith Case
C–167/97; [1999] All ER (EC) 97
Webb v EMO Air Cargo (UK) Ltd [1992] 4 All ER 929
Worringham and Humphreys v Lloyds Bank Case 69/80 [1981] ECR 767
INDIRECT DISCRIMINATION
Bilka-Kaufhaus GmbH v Karin Weber von Hartz Case 170/84 [1986] ECR 1607
Enderby v Frenchay Health Authority and the Secretary of State for
Health Case C–127/92 [1993] ECR I–5535
Jenkins v Kingsgate (Clothing Productions) Ltd Case 96/80 [1981] ECR 911
Rinner-Kühn v FWW Spezial-Gebändereinigung GmbH Case 171/88 [1989] ECR 2743
EQUAL TREATMENT
Boyle (Margaret) and Others v Equal Opportunities Commission Case
C–411/96 [1998] 3 CMLR 1133
Brown v Rentokill Case C–394/96 [1998] ECR I–4185
Foster and Others v British Gas plc Case C–188/89 [1990] ECR I–33/3
Marshall v Southampton and South-West Hampshire Area Health
Authority (No 1) Case 152/84 [1986] ECR 723; (No 2) Case C–271/91 [1993] ECR I–4367
R v Secretary of State for Employment, ex parte Equal Opportunities
Commission [1995] 1 AC 1
Von Colson and Kamann v Land Nordrhein-Westfalen Case 14/83 [1984] ECR 1891
Webb v EMO Air Cargo (UK) Ltd (above)
EC Treaty: art 141
Directive 75/117, OJ 1975, L45/19
Directive 76/207, OJ 1976, L39/40
Directive 79/7, OJ 1979, L6/24
Directive 86/378, OJ 1986, L225/40
Directive 86/613, OJ 1986, L359/56
Cases marked with an * can be found in your Textbook; all other cases can be found in your Cases
and Materials text.
Self-Study Questions
1 Describe art 141 EC Treaty. What were the issues in the Defrenne case? What did the ECJ
rule? To what extent have problems created by the Defrenne case been subsequently resolved?
2 Does art 141 extend to indirect discrimination? In what way may such discrimination be
‘permitted’?
3 Assess, with reference to relevant cases, the definition of ‘pay’ for the purposes of art 141.
Critically discuss the problem of whether types of pensions are within the ambit of ‘pay’.
4 Assess the rights, and exceptions, provided under the equal treatment Directive (Directive
76/207).
5 Assess the ways in which the ECJ (and the institutions) have extended the originally economically focussed provisions of the Treaty. Highlight any problems that remain, eg the treatment
of those in same-sex relationships.
Sample Questions
1 Jo works full time as secretary in the Dudley branch of a shop. She has recently discovered
that a full-time, male clerk who left the shop six months ago was paid 10 per cent more than her
current salary. He also received a clothing allowance every year of £250.
Panna works part-time for a large department store in Wolverhampton. She has recently discovered that she is not eligible to join the store’s occupational pension scheme. Of the 200 parttime staff, over 80 per cent are women, whilst of the 200 full-time staff, 80 per cent are men. The
store insists that all full-time employees join the pension scheme.
Discuss the rights under EC law available to both Jo and Panna.
(Wolverhampton LLB by Distance Learning, May 1999, Question 5.)
2 ‘The area of equal pay has been described as “a good illustration of the
interaction and dialogue … between the Community’s political and
judicial branches” and as one which also reflects the “persistent tension … between the economic
and the social branches of the Community”.’ (Craig and de Burca, EU Law, 1999.) Critically discuss, with reference to relevant cases, how these two factors can be seen in the development of
the law on equal pay.
(Wolverhampton LLB by Distance Learning, September 2001, Question 2(b).)
Study Unit 5 Suggested minimum study hours: 15
Topic
The Free Movement of Goods
Introduction
This Unit will focus on another of the fundamental freedoms – the free movement of goods
within the EC. Emphasis should be placed on the prohibition of quantitative restrictions and measures of equivalent effect, and the means by which Member States may justify such measures.
Objectives
a To understand the prohibition on, and meaning of, quantitative restrictions and measures of
equivalent effect.
b To understand in what circumstances such measures may be justified under art 30 of the EC
Treaty and the Cassis de Dijon rule of reason.
c To assess the development of the law in this area made by the decision of the ECJ in the Keck
case.
Essential Reading
These titles have been supplied as part of your study materials.
Law of the European Union Textbook – Relevant Chapters
Law of the European Union Cases and Materials– (See listed cases)
General Reading
These titles have not been supplied and are not essential reading, but you may wish to refer to
them to further your understanding. EU Law for Today’s Lawyers, Kaczorowska – Relevant
Chapter(s) EU Law: Text, Cases and Materials, Craig and de Burca – Relevant Chapter(s)
Textbook on EC Law, Steiner, Woods and Twigg-Flesner – Relevant Chapter(s)
Cases and Materials on EC Law, Weatherill – Relevant Chapter(s)
Law of the EC, Vincenzi and Fairhurst – Relevant Chapter(s)
Case law and materials
ARTICLES 23–25 (IN OUTLINE ONLY)
EC Commission v Italy (Re Statistical Levy) Case 24/68 [1969] ECR 193
Sociaal Fonds voor de Diamantarbeiders v Brachfeld and Chougol Diamond Co Joined Cases 2
and 3/69 [1969] ECR 211 ARTICLE 90 (IN OUTLINE ONLY)
Commission v United Kingdom (Re Tax on Beer and Wine) Case 170/78
[1980] ECR 415
ARTICLE 28
Measures having equivalent effect
Commission v Ireland (Re Dundalk Water Supply) Case 45/87R [1987] 2 CMLR 197
EC Commission v France Case C–265/95 [1997] ECR I–6959
EC Commission v Ireland Case 249/81 [1982] ECR 4005
GB-INNO-BM v Confédération du Commerce Luxembourgeois Asbl
Case 362/88 [1990] ECR I–667
International Fruit Company v Produktschap voor Groenten en Fruit
Cases 51 and 54/71 [1972] ECR 1219
Procureur du Roi v Dassonville Case 8/74 [1974] ECR 837
Distinctly and indistinctly applicable measures
Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein (‘Cassis de Dijon’) Case 120/78
[1979] ECR 649
Mandatory requirements
Commission v Denmark (Re Returnable Containers) Case 302/86 [1988] ECR 4607
EC Commission v Germany (Re German Beer Purity Law) Case 178/84
[1988] ECR 1227
Verband Sozialer Wettbewerb eV v Clinique Laboratories SNC Case
C–315/92 [1994] ECR I–317
Walter Rau Lebensmittelwerke v De Smedt PVBA Case 261/81 [1982] 2 CMLR 496 ARTICLE 30
Campus Oil Ltd v Minister for Industry and Energy Case 72/83 [1984]
ECR 2727
Commission v United Kingdom (Re Imports of Poultry Meat) Case 40/82 [1982] ECR 2793
Commission v United Kingdom (Re UHT Milk) Case 124/81 [1983] ECR 230
Conegate Ltd v HM Customs & Excise Case 121/85 [1987] QB 254;
[1986] ECR 1007
Cullet v Centre Leclerc Case 231/83 [1985] ECR 305
Officier van Justitie v Sandoz BV Case 174/82 [1983] ECR 2445 R v Henn and Darby Case 34/79
[1979] ECR 3795
Selling arrangements
Hünermund v Landesapothekerkammer Baden-Württenburg Case
292/92 [1993] ECR I–6787
Keck and Methouard, Criminal Proceedings against Cases
C–267–268/91 [1993] ECR I–6097
Konsumentombudsmannen (KO) v De Agostini Joined Cases C–34 and
36/95 [1998] 1 CMLR 32
Punto Casa SpA v Sindaco del Commune di Capena Joined Cases
C–69 and 258/93 [1994] ECR I–2355
Vereinigte Familiapress Zeitungsverlags-und Vertreibs GmbH v Heinrich Bauer Verlag Case C–
368/95 [1957] ECR I–3689 ARTICLE 134 (IN OUTLINE ONLY)
Donkerwolke v Procureur de la République Case 41/76 [1976] ECR 1921
Tezi Textiel v EC Commission Case 59/84 [1986] ECR 887 EC Treaty: arts 23–25, 28–30, 90 and
134
Cases marked with an * can be found in your Textbook; all other cases can be found in your Cases and Materials text.
Self-Study Questions
1 What is the definition of a QR and a MEQR?
2 Upon what grounds can Member States derogate from their obligations if the measure is a
QR or a discriminatory MEQR? 3 a What is the major importance of the ‘Cassis de Dijon’ case? b
What is the first principle of the Cassis case? c What is the second principle of the Cassis case?
4 Discuss the development of the law made by the Keck case. What is a ‘selling arrangement’?
Study Unit 5
35
Sample Questions
1 The UK Government has received the findings of a Spanish research institute, which indicate
that pigs in the UK have contracted ‘swine fever’. The disease is highly contagious to pigs but
there is no evidence to suggest that it is harmful to humans.
The Spanish Government has imposed a ban on the transportation of live pigs into Spain from
the UK and Germany (although there have been no reported outbreaks in Germany). The Government has also imposed a test on both Spanish and UK pork meat products, claiming that the test
is a preventative measure whilst they continue research into whether the disease poses risks to
human health. Finally, the Spanish Government is considering introducing a licence requirement
for all retail outlets selling pork meat products, regardless of origin, in order to ensure that the
products are stored and managed correctly. Discuss whether the actions of the Spanish Government are compatible with EC law.
(Wolverhampton LLB by Distance Learning, May 2001, Question 4(a).)
2 The Irish Government has received reports on a number of cases of an illness, which affects
young children and babies. The symptoms include serious stomach pains and several children
have been admitted to hospital. Initial investigations suggest that tinned baby food may be responsible because it contains certain ingredients which small children have difficulty digesting. The
Irish Government request your advice on the legality and success of the following action; a a ban
on all imports of tinned baby food from the UK, which is responsible for 70 per cent of all imported
baby food in Ireland; b a test on all forms of baby food, regardless of origin, to identify whether
they contain certain ingredients considered difficult to digest; and c a legal requirement that retail
outlets inform their customers of products recommended for certain age groups by providing customer notices and/or leaflets.
(Wolverhampton LLB by Distance Learning, September 2001, Question 4.)
Study Unit 6 Suggested minimum study hours: 15
Topic
Competition Law
Introduction
This final Unit covers the competition law of the EC. Emphasis is placed on the application and
interpretation of arts 81 and 82 of the EC Treaty. The powers of the Commission to regulate and
enforce competition law are also included.
Objectives
a To understand the concept of the Community’s competition policy. b To examine arts 81 and
82 of the EC Treaty. c To consider the powers the Commission has to enforce competition law.
Essential Reading
These titles have been supplied as part of your study materials.
Law of the European Union Textbook – Relevant Chapters
Law of the European Union Cases and Materials– (See listed cases)
General Reading
These titles have not been supplied and are not essential reading, but you may wish to refer to
them to further your understanding. EU Law for Today’s Lawyers, Kaczorowska – Relevant
Chapter(s) EU Law: Text, Cases and Materials, Craig and de Burca – Relevant Chapter(s)
Textbook on EC Law, Steiner, Woods and Twigg-Flesner – Relevant Chapter(s)
Cases and Materials on EC Law, Weatherill – Relevant Chapter(s)
Law of the EC, Vincenzi and Fairhurst – Relevant Chapter(s)
37
Case law and materials
ARTICLE 81
Ahlström and Others v Commission (Re Wood Pulp Cartel) Joined
Cases 89, 104, 114, 116, 117 and 125–129/85 [1994] ECR I–99
Automec (II) v EC Commission Case T–24/90 [1992] 5 CMLR 431
British American Tobacco (BAT) and R J Reynolds Industries Inc v Commission Cases 142 and
156/84 [1987] ECR 4487 Consten and Grundig v Commission Cases 56 and 58/64 [1966] ECR
229
Delimitis v Henninger Braü AG Case C–234/89 [1992] 5 CMLR 210
Imperial Chemical Industries Ltd v Commission (Dyestuffs) Case 48/69 [1972] ECR 619
Prym-Werke [1973] CMLR C250
Sarrio SA v EC Commission Case T–334/94 [1998] ECR II–1727
Société Technique Minière v Maschinenbau Ulm GmbH Case 56/65 [1966] ECR 235
ARTICLE 82
AKZO Chemie BV v Commission Case C–62/82 [1991] ECR I–3359
* BPB Industries v Commission Case T–65/89 [1993] ECR II–389
Commercial Solvents Corporation v EC Commission Cases 6–7/73 [1974] ECR 223
Hilti AG v Commission Case T–30/89 [1991] ECR II–1439
Hilti AG v Commission (No 2) Case C–53/92P [1994] ECR I–667
Hoffman-La Roche v Commission Case 85/76 [1979] ECR 461
Hugin Kassaregister AB and Hugin Cash Registers Ltd v Commission
Case 22/78 [1979] ECR 1869
Irish Sugar plc v Commission Case T–228/97 [1999] ECR II–2969
* Istituto Chemioterapico Italiano SpA and Commercial Solvents
Corporation v Commission Cases 6 and 7/73 [1974] ECR 223
Michelin v Commission Case 322/81 [1983] ECR 3461
National Panasonic (UK) Ltd v EC Commission Case 136/79 [1980]
ECR 2033
Oscar Bronner GmbH & Co KG v Mediaprint Zeitungs-und
Eitschriftenverlag GmbH & Co KG Case C–7/97 [1998] ECR I–7701 Società Italiana Vetro v Commission Cases T–68, 77 and 78/89 [1992] 5 CMLR 302 (Re Italian Flat Glass Suppliers)
Tetra Pak Rausing SA v Commission (No 1) Case T–51/89 [1991] 4 CMLR 334 and (No 2) Case
C–333/94P [1997] 4 CMLR 662
United Brands & United Brands Continental BV v Commission Case 27/76 [1978] ECR 1391 REGULATION 17/62
La Cinq v Commission Case T–44/90 [1992] ECR II–1 National Panasonic (UK) Ltd v EC Commission (see above)
Law of the European Union
Samenwerkende Elektriciteits Produktiebedrijven (SEP) NV v
Commission Case T–39/90 [1991] ECR II–1497
Commission Leniency Notice 1996
De Minimus Notice 1997
EC Treaty: arts 81 and 82
Notice on the Method of Selling Fund 1998
Regulation 17/62, 6 February 1962, OJS 204/62, p 87, amended by
Regulation No 59, OJ 1655/62
Regulation 1310/97 on Merger Control
Cases marked with an * can be found in your Textbook; all other cases can be found in your Cases and Materials text.
Self-Study Questions
1 Which are, in particular, the agreements or concerted practices envisaged by art 81 as prohibited? How was ‘concerted practice’ defined by the ECJ in ICI v Commission?
2 Does art 81 provide for any exceptions? If yes, which ones? Is there a specific procedure to be
followed?
3 Is ‘market dominance’ per se prohibited by art 82? What must be established before a breach of
art 82 is proven?
4 What is the case law of the ECJ as far as the provision of art 82 ‘a substantial part of the
Common Market’ is concerned? What does the Commission think?
5 Define ‘dominant position’ with reference to examples. Which factors, in particular, determine
dominance?
6 Assess the powers of the Commission under Regulation 17/62 to enforce competition law.
Sample Questions
1 There are six producers of ‘Colduleve’ in the European Union. ‘Colduleve’ is a flu vaccine,
which has proved extremely effective in the treatment of the old and the very young. Over the past
two years an American company has heavily advertised a product called ‘Coldurid’, which has become very popular in Germany and Belgium, and which has a 45 per cent share of the EC market.
The three European producers of Colduleve (located in Germany
and Belgium) held a secret meeting 12 months ago, where they
discussed reducing their prices in line with each other, although no formal agreement was
reached. Since then the price of Colduleve has decreased at regular intervals by 1 per cent.
The American producer of Coldurid has announced that it will be slashing prices by 75 per cent
for three months. It has also introduced a new contract for its customers, which offers large dis-
counts for bulk purchases. However, the new contract also specifies that if customers find a
cheaper flu vaccine, they cannot purchase that product until they have notified them of the cheaper price.
Discuss whether any of the above actions breach competition law, and the sanctions the Commission has the power to impose.
(Wolverhampton LLB by Distance Learning, January 2001, Question 5.)
2 At the Annual Babybouncer Convention, three producers of European babybouncers attended a seminar on the problems of overseas competition. The speaker suggested that one means of
reducing the threat of overseas competition was to collectively decrease their prices at regular
three-monthly intervals for a certain period. Since the conference, the prices of the three producers, who collectively hold 37 per cent of the European market, have decreased by 1 per cent every
three months.
A Japanese company, which has a 45 per cent share, holds the largest share of the EC market
in babybouncers. They have introduced their second campaign to cut prices, below cost price, for
a period of six months.
Advise the Commission on whether there have been any breaches of EC competition law; its
powers of investigation; and the sanctions it may impose for any breach.
(Wolverhampton LLB by Distance Learning, May 2001, Question 4(b).)
Learning Project Suggested minimum study hours: 50
In common with all the modules that form part of the LLB by Distance Learning programme this
module involves a Learning Project. Undergraduate students at the University of Wolverhampton
are required to demonstrate that they are capable of independent research before they can be
recommended for the award of a degree. For distance learning students this is assessed by reference to the
Learning Project you undertake in respect of each module. It requires you to pay specific attention
to a list of defined reading. Commonly covering a range of cases and statutes you are required to
demonstrate your mastery of the area(s) of law concerned by undertaking a compulsory question
as part of the end of module examination. This will commonly take the form of an extended legal
problem and require you to demonstrate not only that you understand the areas of law concerned
but are able to apply them clearly and without error. It could also take the form of an essay question requiring you to demonstrate an ability to comment on linked areas of law. Particular attention
will be paid to the accuracy with which you cite the law and the arguments of those responsible for
its
development. You will also be expected to demonstrate that you understand, and have not been
confused by, the ambiguities and contradictions that exist in the undergraduate study of the law.
This question, which will change with each examination paper, will account for 50 per cent of the
overall grade and require you to devote one hour of the two-hour examination period to it. Please
note that for each examination you are allowed 15 minutes’ reading time on top of the two hours
you have to write your answers. You may also take into the examination the relevant 150 Leading
Cases and Statute Book. Please note that these may not contain any additional notes or markings.
Learning Project for Law of the European Union:
Direct Effect, Indirect Effect and State Liability
Essential Reading
These titles have been supplied as part of your study materials.
Law of the European Union Textbook – Relevant Chapters
Law of the European Union Cases and Materials– (See listed cases)
Guidance notes
This Learning Project is covered by Unit 1 in your Module Planner. In carrying out your reading
and research you should have special regard to the following key points.
The nature of supremacy and the teleological interpretation of the EC Treaty made by the European Court of Justice (ECJ).
The legal nature of direct applicability and direct effect.
The criteria required for a provision to have direct effect.
The ability of various sources of EC law to have direct effect.
The distinction between horizontal and vertical direct effect.
The debate as to if and when Directives have direct effect.
The type of direct effect granted to Directives.
The definition of ‘the state’ by the ECJ.
The creation of an obligation of sympathetic interpretation (indirect effect) by the ECJ (see art 10
EC) and the reaction of the UK courts.
The creation, development and problems of the principle of state liability.
Case law and treaty
SUPREMACY
Costa v ENEL Case 6/64 [1964] ECR 585
Internationale Handelsgesellschaft GmbH v Einfuhr und Vorratsstelle
für Getriede und Futtermittel (EVGF) Case 11/70 [1970] ECR 1125
R v Secretary of State for Transport, ex parte Factortame (No 2) Case
213/89 [1991] 1 All ER 70; [1991] 1 AC 603; [1992] QB 690
Simmenthal SpA v Commission Case 92/78 [1979] ECR 777 Van Gend en Loos v Netherlands
Case 26/62 [1963] ECR 1 THE DIRECT EFFECT OF TREATY PROVISIONS Costa v ENEL Case
6/64 [1964] ECR 585; [1964] 3 CMLR 425 Defrenne v Sabena (No 1) Case 43/75 [1976] ECR
455; [1976] 2 CMLR 98
Internationale Handelsgesellschaft GmbH v Einfuhr und Vorratsstelle
für Getriede und Futtermittel (EVGF) Case 11/70 [1970] ECR 1125
* Simmenthal v Commission Case 92/78 [1979] ECR 777 Van Gend en Loos v Netherlands Case
26/62 [1963] ECR 1; [1963] CMLR 105
THE DIRECT EFFECT OF DIRECTIVES
Faccini Dori v Recreb Srl Case C–91/92 [1994] ECR I–3325 Foster and Others v British Gas plc
Case C–188/89 [1990] ECR I–33/3; [1990] 3 CMLR 833
Franz Grad v Finanzamt Traunstein Case 9/70 [1970] ECR 825
International Fruit Company v Produktschap voor Groenten en Fruit
Cases 51 and 54/71 [1972] ECR 1219
Marshall v Southampton and South-West Hampshire Area Health
Authority (No 1) Case 152/84 [1986] ECR 723
Officier van Justitie v Kolpinghuis Nijmegen BV Case 80/86 [1989] 2 CMLR 18
Pubblico Ministero v Ratti Case 148/78 [1979] ECR 1629
Van Duyn v Home Office Case 41/74 [1974] ECR 1337; [1975] CMLR 1
INDIRECT EFFECT
Marleasing SA v LA Comercial Internacional de Alimentacion SA Case
C–106/89 [1990] ECR 4135; [1992] 1 CMLR 305
Von Colson and Kamann v Land Nordrhein-Westfalen Case 14/83 [1984] ECR 1891
STATE LIABILITY
Brasserie du Pêcheur SA v Germany C–46/93 [1996] 1 CMLR 889
* Brinkman Tabakfabriken GmbH v Skatteministeriet Case C–319/96
[1998] ECR I–5255
Denkavit International BV v Bundesamt für Finanzen Cases C–283,
291 and 292/94 [1996] ECR I–SO63
Dillenkofer and Others v Federal Republic of Germany Joined Cases
C–178, 179 and 189/94 [1996] ECR I–4845
Francovich and Bonifaci v Italian Republic Joined Cases C–6 and 9/90
[1991] ECR I–5357; [1993] 2 CMLR 66
Norbrook Laboratories Ltd v Minister of Agriculture, Fisheries and
Food Case C–127/95 [1998] ECR I–1521
R v HM Treasury, ex parte British Telecommunications plc Case
C–292/93 [1996] ECR I–1631
R v Ministry of Agriculture, Fisheries and Food, ex parte Hedley Lomas
(Ireland) Limited Case C–5/94 [1996] ECR I–2553
Rechberger and Greindl v Austria Case C–140/97 [1999] ECR I–3499
EC Treaty: in particular art 10 Cases marked with an * can be found in your Textbook; all other
cases can be found in your Cases and Materials text.
Sample Questions
1 ‘The principles of direct and indirect effect have done much to enable citizens to assert their
Community rights and obtain an appropriate remedy. But neither principle … rectifies the primary
failure of Member States to adequately implement Community law.’ (Steiner [1993] 18 EL Rev)
Critically analyse the creation and development of direct and indirect effect. In what ways has
the European Court of Justice attempted to rectify the ‘failure’ identified by Steiner?
(Wolverhampton LLB by Distance Learning, May 1999, Question 1.)
2 The EC has passed two Directives on air quality. The first Directive, Directive 95/955/EC, provides for maximum levels of sulphur dioxide in the air. The other Directive, Directive 97/799/EC,
provides for maximum levels of nitrous oxide. Both sulphur dioxide and nitrous oxide are harmful if
the maximum levels are exceeded. Both Directives had an implementation deadline of 1 January
2000 and required the introduction of compulsory testing for the chemical industry. The UK has, to
date, only implemented Directive 95/955/EC on sulphur dioxide.
a Residents in Birmingham, a large city, have recorded levels of nitrous oxide outside a local
chemical plant, which greatly exceed the maximum level stated in Directive 97/799/EC. They
believe that the excessive levels are responsible for the ill health of many of their children.
Advise the residents on any action they may take against the chemical plant and/or the UK Government.
b When the UK Government implemented Directive 95/955/EC they
consulted with the Commission. After consultation they introduced
the maximum level for sulphur dioxide as specified in the Directive, but they did not introduce compulsory testing of the chemical industry. The organisation Better Rid the Environment and Air of
Toxious Harmful Substances (BREATHS) believes that the lack of testing has resulted in some
chemical plants having below standard equipment which has led to accidents involving the leakage of large amounts of sulphur dioxide.
Advise BREATHS on whether they may take action against the UK Government, and the likely
success of any claim.
(Wolverhampton LLB by Distance Learning, September 2001, Question 1.)
Practice Question and Suggested
Answer
The following test is designed for practice only and does NOT count as part of the assessment
regime. A Suggested Solution is, however, offered in the following section. Students are advised
not to consult this solution until they have completed the test. It is expected that you will return
your answer to the College for marking and feedback. Unless you undertake such work you will
not gain an insight into your academic strengths and weaknesses before you attempt the examination.
Before attempting your answer, please ensure that you understand the assessment criteria
explained in the Award Guide, and the guidance contained in the section of the Module Planner
headed ‘Skills to be Developed and Examined’.
Question
In 1961 a member of the Commission, Levi-Sandri, stated that the free movement of workers
‘must and will be the most important political and social result of the liberalisation of the labour
market … we shall all be made to appreciate the effective range of European solidarity and the
progress of the idea of unity in the minds of our peoples.’ Critically discuss, with reference to both
legislation and cases, the means by which the Union has sought to achieve the vision seen by
those such as Levi-Sandri.
(Wolverhampton LLB by Distance Learning, May 2001, Question 3.)
Suggested Answer to Practice
Question
NB: Do not consult this solution until you have completed the test.
Outline Answer
This question required a discussion of the free movement of workers. The starting point would
have been the identification of art 39/EC and the following should have been included.
The wide definition extended to the term ‘worker’, especially the inclusion of rights to free movement for migrant workers.
The wide definition extended to ‘family’ of the worker, in particular cases dealing with separated
spouses and cohabitees.
The extensive rights available to workers and family members, such as the educational rights
available and the wide interpretation of ‘social and tax advantages’, Regulation 1612/68. To do
this reference should be made to the secondary legislation, eg Directive 68/360, Regulation
1612/68, Regulation 1251/70 and Directive 64/221.
The narrow interpretation given to the derogations available under art 39(3) and the public service
proviso under art 39(4), thereby protecting the right to free movement.
A conclusion could include reference to the introduction of European citizenship as an example
of the continuing progress towards full free movement.
Answer
Note: this answer is based on one written by a distance learning student covering the question
set as part of an examination. The free movement of workers is one of the cornerstone policies of
the European Community and it is enshrined in art 48 of the Treaty establishing the European
Community, and ‘shall entail the abolition of any discrimination based on nationality between workers of the Member States’. Coupled with arts 6 and 8 of the same Treaty 49 (prohibition on
grounds of nationality and citizenship of the Union), this makes for a very strong foundation for the
concept. The Community has been particularly legislatively proactive in achieving this aim, and a
wealth of secondary legislation has been passed to build upon the foundation Treaty Articles; the
most notable are listed below.
Regulation 1612/68 Worker’s Rights
Directive 68/360 Residence Permits
Regulation 1251/70 Right to Remain After Employment Directive 64/221
Justification for Exclusion The definition of what exactly constitutes a ‘worker’ is particularly
wide: Levin (Levin v Staatssecretaris van Justitie (1982)) and Kempf (Kempf v Staatssecretaris
van Justitie (1986)) were both part-time workers, Lawrie-Blum (Lawrie-Blum v Land Baden-Wüttenberg (1986)) was a trainee and Steymann (Steymann v Staatssecretaris van Justitie (1988))
was working in a commune for no pay, yet they were all found by the ECJ to be workers, despite
Kempf having his earnings supplemented by the state. Only for Bettray (Bettray v Staatssecretaris
van Justitie (1989)) has the ECJ not found the position to be that of a worker (the job was created
especially for an addict and so was thus social employment). As long as someone is working for
an employer for remuneration, they will be held to be a worker.
Once a person is classified as a worker they are subject to a whole gambit of rights under Regulation 1612/68, whose most important Articles provide for:
1 and 2 equal access to employment as nationals;
5 equal access to job centres;
7 equal access to training, social and tax advantages;
8 equal access to membership of trade unions;
9 equal access to housing;
10 rights conferred on the family of a worker (even if the family members are from non-Member
States).
It must be noted that a European Union citizen does not even have to have employment in order to
move around the Community.
Procureur du Roi v Royer (1976) established this principle of a general
right of entry to look for work. In Commission v Belgium (1997) it was
held that three months wasn’t sufficient time to give someone the
chance of securing employment, whereas in R v Immigration Appeal
Tribunal, ex parte Antonissen (1991) six months was found to be
reasonable – although the ECJ did not rule out the possibility of alonger period if there was a genuine chance the worker would find employment.
The ECJ is prepared to draw a distinction between the worker and those seeking work as regards entitlement to benefits – Lebon (Centre Public de l’Aide Sociale de Courcelles v Lebon
(1987)) was not working and thus was not entitled. There are a whole range of cases whereby
workers and their families have been found to be entitled to social benefits: Casagrande v Landeshaupstadt München (1974) (children of workers getting educational grants), Fiorini v SNCF
(1975) (rail concessions for large families), Castelli v ONPTS (1984) (pensions). Ministère Public
v Even and ONPTS (1979) was a case where a social advantage was not found in a Belgian pension payment – it was held to be a ‘thank you’ payment for hardships suffered in World War II,
which Even, as a French national, was not entitled to. With regard to art 10, Regulation 1612/68
the definition of family has included spouse, dependents under 21 and ascendant dependents.
Gül (Emir Gül v Regierungspräsident Düsseldorf (1986)) was held to be a dependant husband
even though he earned far more than his wife; Diatta (Diatta v Land Berlin (1985)) was allowed to
stay in Germany even though she was separated from her husband and of Senegalese nationality.
The case of Netherlands v Reed (1986) highlights the wide jurisdiction of the ECJ. Although
not a spouse, Reed was allowed to stay in Holland as her partner could avail himself of having her
company as a social advantage. He could not be discriminated against, as Dutch nationals could
have non-EU citizens as cohabitees. Thus, the Commission and the ECJ has managed to be extremely judicially proactive in achieving their goal of the free movement of workers. The ECJ has
even moved firmly against the permitted derogations of the rules: art 48(4) allows States to bar
non-nationals from public service jobs, yet in Commission v France (1986) it allowed non-nationals
into the nursing profession. Similarly in Commission v Belgium (Re State Employees) (1980) Belgium was found to have discriminated in excess of the Article.
Finally, even art 48(3) has been very strictly interpreted and in several cases people have been
prevented from being deported from Member States on the basis that nationals were not being
subject to the same kind of treatment. Directive 64/221, art 3 specifically says personal conduct
shall be the basis for such derogations, thus the UK was allowed to deport Bouchereau (R v
Bouchereau (1977)) for drug offences and prevent Van Duyn (Van Duyn v Home Office (1974))
from entering to join the Scientologists (although this case has been criticised as it was the UK’s
first preliminary reference and the ECJ has been accused of wanting to accommodate the UK in
its first dealings with it).
Marker’s comment on Student Answer
This essay, written in a mature style, was a worthy high Upper Second answer. The essay concentrated on providing a wealth of substantive detail, such as cases and reference to the secondary legislation. The extensive case range was impressive, and emphasis was placed not on their
facts, but the principle they support, or, in some cases, created. For example, the inclusion of
Procureur du Roi v Royer (1976) and R v Immigration Appeal Tribunal, ex parte Antonissen (1991)
as providing for the extension of art 39 EC to migrant workers. In this case it could also have been
stated that such a decision by the ECJ was based on a teleological interpretation of the literal provisions of art 39 EC. The structure was lucid and logical with reference made to the question (see
the opening paragraph) and critical commentary was included.
The essay could have made reference to the ‘functional test’ used by the ECJ to determine
whether a particular job is within the ‘public service proviso’, and that the public policy/security derogation cannot justify deportation as a deterrent. Finally, a conclusion could have been included to
summarise the points made and refer them back to the question.
Revision
What to revise
Consider carefully what you have been told about the format of the examination. How many questions will you be required to answer in what length of time? Work out how long you are likely to
have to write an answer to any one question.
Look at past exam papers. A sample can be accessed via the School of Legal Studies website
www.wlv.ac.uk/sls. They may help you to identify the questions which are most likely to appear on
your exam; and on which you can concentrate your revision. This is known as question spotting
and, although this is not advisable, it may sometimes be necessary. If you have to do this, you
should revise two additional topics just in case: the question on one of the topics on which you
have concentrated most may be phrased in such a way that you are not certain how to answer it.
It is, however, safer to deal with every topic in the module so that you are prepared for all questions.
By looking at past exam papers you may also be able to determine whether certain topics tend to
be examined by way of problem scenarios or general discussion questions. Structure your revision
to accommodate the different approaches those two different types of question require.
Look closely at the topics covered by the module. Those topics which have been given the greatest emphasis are a good bet to appear in the exam.
The question in the Learning Project is compulsory so make sure that your revision is thorough on
the topic, or topics, it covers.
Planning your revision
The best method of revision is to revise continuously throughout your study of a module, but
whether you revise continuously or prefer the last minute approach, try to relax on the day before
an exam. To do well you need to be both physically and mentally fit.
Well before the exam period make yourself a revision calendar. Make sure that the revision period
you plan is long enough to cover all of the modules you have studied, and gives you regular
breaks away from your studies. You need to start your revision at least two weeks before the examination period. It is not wise to plan to revise for more than an hour at a time without a short
break. You should build in some days in which you put revision aside altogether and do something
which will take your mind off the upcoming exam period.
Don’t just divide the revision period equally between topics. Make a realistic appraisal of which
topic(s) you are weakest in and plan to give them the most time. In deciding how much time to
give each topic you should also take into account how much the exam counts towards your overall
mark. In other words, plan your revision to do best on exams which will give you the most benefit
in terms of your overall results.
Do not concentrate all your revision of any one topic in a solid block. You will find that your concentration will be better if you rotate your revision from topic to topic.
Plan your revision of any one topic in stages. The first stage is to acquire a knowledge of the topic.
This involves re-reading your notes and whatever is necessary in your books. The second stage is
to break that knowledge down into easily remembered key components. The third stage is to hone
your ability to identify issues and relate them to those key components. This is best accomplished
by writing answers to past exam questions.
How to revise
If you have any general problems with your studying, don’t just sit there hoping it will come right in
the end; contact the Module Leader or the College.
There are a number of stages in the revision process. First you have to ensure that you have an
adequate knowledge of the topics. This is a matter of re-reading notes and filling in gaps by reading relevant sections of your Textbook or other materials until you have reached the point where
you understand the material being dealt with.
While you are reviewing your notes and other study materials, you should be identifying and marking key points which you can return to when you start to make your revision notes.
Remember: revision can only be effective if it is based on a previously acquired basic knowledge
and understanding of the topics.
The second stage of revision is to create a set of revision notes.
These will be aimed at (1) setting out key points and (2) relating these to each other in such a way
that they form a coherent picture of a particular topic (3) identifying key cases and/or statutory provisions which you need to know details of.
There are numerous ways of structuring revision notes. Which you choose will be a matter of personal preference. The basic aims, however, are to create a set of notes which you can review
quickly many times; and one from which you can retain a vivid mental image so that you will be
easily able to recall them in the examination.
Therefore your revision notes should be made up of key words and phrases. Each entry in the
notes should represent a condensation of information about the topic at hand. Strike a balance
between brevity and comprehensiveness. Some concepts may be too complicated to remember
without a detailed note. Others readily lend themselves to summing up in a phrase of even a word
or two. A rule of thumb is to confine all the revision notes on one topic to one page or less of A4
paper.
Using different colours for different topics, or writing the notes so that they create a distinctive pattern on the page, is a way of creating a vivid mental image of your notes. During the exam you
may be able to recall the particular information you need by calling up a ‘picture’ of the information. A stepped outline or a spider diagram are two of the ways you can create a pattern which will
help you to recall information by focussing on the image and the way it was written down. Spider
diagrams are especially useful for creating an image of the way ideas or rules link together.
Your friends may think you have become very eccentric but it is a good idea to stroll about your
room reciting out loud the contents of a page of revision notes. This, after all, is how actors learn
their lines before a performance, and you are doing the same thing when you set out to learn your
revision notes before an exam.
You may be tempted to shortcut the process of building up a set of your own revision notes by
buying one of the many revision guides which are available. These can be extremely useful to give
you a very condensed overview of a topic, but remember this: what makes for exam success is
displaying to the examiner your own knowledge of the topic. The only way to create your own
knowledge of the topic is to create your own set of revision notes using all those other sources
The third stage of revision is self-testing. Pick a question from a past exam – and this is where
having made a considered choice about which topics to revise is essential – and write an answer
to it under ‘exam conditions’: ie taking the length of time you would be given to do the question in
the exam. Then go back over your revision notes on that topic and see what you have left out,
what you did wrong and what you put in that was not really relevant to the question asked.
You may want to return to your original notes from lectures and reading and have another look at
that material. After half an hour or more break, pick another question on the same topic and write
an answer to it. Go through the same review process again. Repeat the whole process once or
twice more. The advantages of doing this will soon become apparent. You will identify weaknesses in your knowledge and/or understanding. You will see how some components of an answer to a
question on a particular topic will re-appear over and over again no matter how the question is
worded, and you will have written those bits down often enough that you will not have to spend
time in the exam trying to work out how to phrase that part of your answer.
The benefit of self-testing is enormously enhanced if you do it as part of a group. Three or four of
you working together will amongst you have a very comprehensive knowledge of any topic. What
you are weak on, you can pick up from one of the others and vice versa. There is also the psychological boost which comes from working as part of a team. You will find that some of the things
you thought it was important to write about completely eluded other members of the group. Also,
you will not have seen some important point which they did. Discussing all of your answers together will help you to craft a complete answer to all of the aspects of the question. If you are not in
contact with fellow distance learning students, ask members of your family or friends to test you.
As well as helping you, this will give them a valuable insight into how much your studies
mean to you and the hard work involved.
Taking the Examination
Hints for Answering Questions
The very first thing you must do is to read the whole question. If the question is a problem:
DO
Ask yourself:
• Why am I being asked to advise this person?
• What has gone wrong?
• What are the areas of law involved?
If the question is an essay:
DO
Ask yourself:
• What area of law does the essay cover?
• Which part of that area of law is the essay asking me to discuss?
• Which points do I have to focus on in answering the question?
DO NOT, IN EITHER TYPE OF QUESTION
• Start writing before you have read the whole question.
• Identify one area of law and write all you know about that area without putting it into the context
of the question.
The next step is to write an outline plan of your answer. In this plan, you should identify the main
points in the problem. If you do not want the plan to be taken into account in your answer, then
cross it through and your examiner will ignore it. When you are writing your answer, follow your
plan. This will help you avoid discussing areas of law which are not relevant to the question. It will
also help you ensure that you cover all the points raised in the question and do so in a
logical, reasoned way. After you have read the question and written your outline plan you should
re-read the question and then attempt the answer.
WRITING THE ANSWER
In writing your answer, start at the beginning and work through to the end. Make sure that you
deal with each issue raised and that you apply the law to the relevant points. Reach a conclusion
at the end. Do not start with your conclusion as you may find, part of the way through your answer,
that you realise your original conclusion was wrong and you will have to start again.
Always give authorities for your answers. These authorities will be statutes and/or cases.
DO
• Address the issues from the start of your answer.
• Start at the beginning and work through to the end.
• Reach a conclusion at the end.
• Relate your answer to specific points in the question.
• Give authority for every point of law you make.
• Write clearly and in good English.
• Time your answers.
DO NOT
• Write all you know about the area before you start actually answering the question; you will only
have to write it out again in dealing with the specific points in the question.
• Reach a conclusion at the beginning.
• Move away from the structure of your outline plan.
• Give unsupported statements of law.
• Spend so long answering one question that you do not have enough time to answer the rest.
• Write in note form (unless you have spent too much time on your previous answers and are left
with insufficient time to write a full answer).
• Copy large amounts of material from the books you are allowed to take into the examination.
Make sure that you put all quotations in quotation marks otherwise you may be thought to have
been cheating.
Module Questionnaire
The Law of the European Union
The School of Legal Studies and Holborn College attach great importance to your views. We
would, therefore, be grateful, if now that you have finished studying this module, you would answer the following questions and return them to the address give below. Your answers will be considered by the distance learning teaching team and used in updating teaching materials.
1 What two things did you find most useful about the materials you were provided with for this
module?
________________________________________________________________
_____________________________________________________
2 What two things did you find least helpful about the materials you were provided with for this
module?
________________________________________________________________
_________________________________________
3 Please identify any typographical errors you encountered in using this planner (please make reference to appropriate page numbers).
________________________________________________________________
___________________________
Return to:
External Programmes Administrator
School of Legal Studies
University of Wolverhampton
Arthur Storer Building
Molineux Street
Wolverhampton
WV1 1SB
United Kingdom
You may if you wish e-mail your answers to in4655@wlv.ac.uk