Please answer 2 out of 4 questions, and see the rest of the instructions and questions below and in uploaded file. thanks




LENGTH: 2,400 words maximum (1,200 words for each question answered plus or

minus 10%).

Sources: A bibliography must be given at the end and any other sources

acknowledged. References should be given at the bottom of each page as


Plagiarism (ie. direct copying from books etc. or representing other writers’ work as

your own) will result in a FAIL. All sources used must be properly acknowledged.

Last submission date: – Monday 11th January 2016 – 13.00 deadline

Submission of course work: – See page 10 above

Answer TWO of the following 4 questions. Each question carries equal marks.


Tina and Martin are both employed in the personnel department of Financial

Services Ltd as personnel assistants. They both started working for the company

at the same time but after five years Martin is paid more than Tina even though

they work for the same number of hours. Also Martin receives more days holiday

per year than Tina. Tina is arguing that she should receive the same pay and

holiday as Martin.

Susan is employed in the secretarial department. She has discovered that her

pay (and that of other secretarial staff) is about half of that received by staff in the

marketing department, all of whose members are male. She has complained that

this difference in pay amounts to sex discrimination and that she should be paid

the same salary as the marketing staff.

Rachel works part-time in the personnel department. Most of the staff employed

part-time in the department are female. Rachel has complained that part-time

staff are excluded from the company’s sick pay and occupational pension

schemes. She complained about this but was told that it was too costly and


therefore not financially viable to include part time staff in the schemes. Rachel

is arguing that this exclusion amounts to sex discrimination.

Rita and Tom both applied for a job in the sales department. They were both

equally qualified and experienced but the job was offered to Tom. Rita was told

“the sales job requires long hours and a lot of stamina, we do not think it is a job

for a woman”.

Rita is arguing that she has been a victim of sex discrimination.

Advise Tina, Susan, Rachel and Rita on the basis whereby EU law on sex

discrimination (Art 157 TFEU) can be argued to the above events and critically

assess whether each could be successful in actions against the company for sex



Pueblo is a Spanish farmer of sheep and dairy cattle. There was an outbreak of

sheep rot in some EU member states, although Pueblo’s farm was not affected. As

a result of this disease, trade in live sheep was restricted in the EU although an all

clear was recently announced. When Pueblo attempted to import some live sheep

into France the French authorities required him to pay for a health inspection.

Pueblo exported milk to the UK. At the port of arrival he was required to pay a fee

for storage and checking. He then paid a further amount for onward transportation.

Pueblo’s farm also produces different types of cheese. He imports some high

quality cheese to Germany. The German authorities levy a 20% tax rate on

Pueblo’s cheeses compared to a 10% tax on equivalent German cheeses. The

authorities argue that this is justified as German cheeses are produced by

environmentally friendly methods.

Pueblo discovered that alternatives to cheese (such as cold meat and food

spreads) have only a 5% tax levied on them in Germany. Pueblo is arguing that this

is affecting the sales of his cheeses in Germany.

Critically discuss and advise Pueblo as to how the law on the free movement of

goods (as applied by Articles 30 and 110 TFEU) can be argued to the various

payments and taxes levied in the above scenario.



Critically analyse the extent to which conduct by undertakings that may affect

competition is regulated by Article 101 TFEU.

Your answer should include specific case examples and evidence of background



Brewmaster plc is a company based in the UK that produces beers and soft

drinks. It has recently experienced the following issues in relation to trading its

products within the EU:

(a) Belgium requires that beers sold within the country comply with Belgian

labelling rules. All Belgian beers comply with this, but Brewmaster’s beers do not.

Brewmaster argue that this is unfair as it would be too costly to label their beers

differently for Belgium. Belgium also requires that the labelling states a health

warning. Brewmaster’s beers do not include this. As a result of these

requirements Brewmaster are prevented from selling their beers in Belgium.

(b) Bewmaster would like to sell its soft drinks in Germany. The German

authorities state that Bremaster’s soft drinks contain additives which are

prohibited in Germany which has banned all imports that contain the additives.

Bewmaster argue that their soft drinks are accepted elsewhere in the EU and

therefore should be accepted in Germany.

(c) Recently, due to high alcohol consumption in Sweden the Swedish authorities

have introduced a law that restricts the advertising of alcoholic drinks. This has

made it more difficult for Brewmaster to promote their beers in Sweden causing

them to lose market share in favour of national brewers.

Critically discuss how EU law on the free movement of goods (as applied by

Articles 34 and 36 TFEU and relevant case law) can be applied to the above

events and advise Brewmaster on whether the restrictions they have

encountered are likely to be in breach of EU Law.