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Which of the following measures can be regarded as a measure having equivalent effect to a quantitative restriction (MEQR) and thus prohibited under Article 34 TFEU?


A) A ban imposed by the French government on all dairy products coming from Germany and the UK.
B) A ban imposed by the French government on advertising on television of dairy products.
C) A ban imposed by the French government on advertising on television of dairy products coming from other Member States.

D) B) and C)
E) A) and C)

Correct Answer

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C

Which of the following products can be regarded as being in competition with each other within the meaning of Article 110(2) TFEU?


A) Imported wine made from grapes and domestic wine made from other fruits
B) Imported wine made from grapes and domestic liqueur made from other fruits in a Member State which does not produce any wine made from grapes
C) In a Member State which does not produce any alcoholic beverages wine made from grapes and liqueur made from other fruits

D) All of the above
E) A) and B)

Correct Answer

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C

Under national law of a Member State annual tax on cars in that Member State differentiates between cars below 16 HP (the tax rate for these cars is progressively increased up to a maximum of


A) The legislation is directly discriminatory and thus in breach of Article 110 TFEU
B) The legislation is indirectly discriminatory, and as such can never be justified and thus is in breach of Article 110 TFEU
C) The legislation is indirectly discriminatory, but can be objectively justified e.g. as necessary to protect the environment and thus is not in breach of Article 110 TFEU

D) All of the above
E) None of the above

Correct Answer

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Which of the following measures can be regarded as an indistinctly applicable measure prohibited under Article 34 TFEU?


A) Italian law which requires that vermouth marketed in Italy must have at least 16 percent of alcohol by volume. However, in other Member States there is no minimum alcohol requirement for vermouth.
B) German law which does not impose a minimum alcohol requirement for vermouth but provides that foreign vermouth can be marketed in Germany if it can lawfully be sold in the Member State of manufacture.
C) German law which requires that all vermouth made in Germany for sale in Germany must have at least 16 percent of alcohol by volume. However, weaker vermouth can be made for export only.

D) None of the above
E) B) and C)

Correct Answer

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Which of the following pecuniary impositions can be regarded as a tax within the meaning of Article 110 TFEU?


A) A tax imposed on imported gingerbread in order to compensate for the price difference between domestic gingerbread and imported gingerbread. The domestic gingerbread being more expensive as the result of high internal rates of taxation on rye, an ingredient of gingerbread.
B) A levy imposed on diamonds by a Member State which is not a producer of diamonds the proceeds of which are designed to provide social security benefits for workers in the diamond jewellery industry in that Member State.
C) A supplementary payment imposed on all producers of organic milk. A part of the revenue generated by the supplementary payment is allocated to the financing of a campaign encouraging drinking of organic milk in that Member State. The remainder can be reclaimed by the national producers as a tax refund.

D) All of the above
E) A) and B)

Correct Answer

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Which of the following measures is in breach of Article 34 TFEU?


A) An advertising campaign promoting German agriculture and the German food industry organized by a private company whose organs were set up in accordance with German private law rules and financed by compulsory contributions paid by undertakings in the German agriculture and food sector.
B) An advertising campaign promoting German agriculture and the German food industry organized by a private company whose organs were set up in accordance with German private law rules and financed by voluntary contributions paid by undertakings in the German agriculture and food sector.
C) An advertising campaign promoting German agriculture and the German food industry organized by German farmers.

D) A) and C)
E) A) and B)

Correct Answer

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A

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