MOCK EXAM - European Law
Question 1 (20 points) - EU Citizenship
Maria, a Portuguese national, is an EU citizen. She moves to Cork, Ireland, to work as an
accountant. Her husband, Diego, is a citizen of Colombia (a Third-Country National, TCN).
They live and work in Ireland for four years.
A. Explain how Diego, as a TCN family member, derives his right of residence in Ireland
based on Maria's 'mobile' status. In your answer, include references to the relevant EU
legislation. (10 points)
B. After four years, Maria and Diego decide to return to Portugal, Maria's Member State of
origin. They have a two-year-old child who was born in Cork and therefore has Irish
nationality. Once in Portugal, Diego is refused a residence permit by the Portuguese
authorities on the grounds that he has no independent right to reside in Portugal and is not
the TCN family member of a mobile EU citizen (since they are in Maria's home state).
Explain whether the refusal by the Portuguese authorities violates EU law. In your answer,
include references to relevant Treaty articles and case law. (10 points)
Answer Model - Question 1
A. TCN Residence Right for Mobile EU Citizen
1. Legal Basis: The rights of Maria, as a mobile EU citizen, and her TCN family
members are governed by Article 21(1) TFEU and Directive 2004/38/EC.
2. Scope of Directive 2004/38: The Directive applies to all Union citizens who move to
or reside in a Member State other than that of which they are a national, and their
family members (Article 3(1)). Maria has moved from Portugal to Ireland, establishing
a cross-border element.
3. Family Member Definition: Diego, as the spouse of Maria, is a family member under
Article 2(2)(a) Directive 2004/38.
4. Derived Right of Residence: Diego's right of residence is derived from Maria's status
as an EU worker/resident.
● Up to three months: Diego has the right to reside with a valid passport, like
Maria (Article 6(2)).
● More than three months: Maria, as an employed person, automatically retains
her right of residence (Article 7(1)(a)). Consequently, Diego has the right of
residence for as long as Maria satisfies the conditions (Article 7(2)).
● Permanent Residence: After five years of continuous legal residence in
Ireland, Maria would acquire a permanent residence right (Article 16(1)), and
Diego would also acquire a permanent residence right (Article 16(2)). Since
they have resided for four years, they do not yet have permanent residence.
B. TCN Residence Right for Non-Mobile EU Citizen (Reverse Zambrano / Coman Situation)
1. Issue: The situation involves Maria, a Portuguese national, returning to her home
Member State (Portugal), meaning she is no longer a 'mobile' EU citizen in the
context of Directive 2004/38. However, her child holds Irish (EU) nationality.
, 2. Legal Basis & Case Law: The case must be assessed under the residual rights
granted by Article 20 TFEU, as interpreted in the case law of the CJEU, specifically
the Ruiz Zambrano case.
3. Principle of Article 20 TFEU: The CJEU ruled in Zambrano that Article 20 TFEU
"precludes national measures which have the effect of depriving citizens of the Union
of the genuine enjoyment of the substance of the rights conferred by virtue of their
status as citizens of the Union".
4. Application: The child is an EU citizen (Irish nationality). Refusing Diego (the TCN
parent) a residence permit in Portugal would force the child, who is dependent on
Diego, to leave the territory of the EU (Portugal being the child's de facto place of
residence).
5. Conclusion: The refusal to grant Diego a residence permit would effectively force the
EU citizen child to leave the Union's territory, thus depriving the child of the very
substance of their EU citizenship rights. Therefore, the refusal by the Portuguese
authorities violates Article 20 TFEU. This principle applies even though the EU citizen
(the child) is relying on EU citizenship against their own Member State
(Chavez-Vilchez principle).
Question 2 (26 points) - Competition Law (Article 102 TFEU)
'DataFlow AG' is a German company that owns and operates a national wholesale network
of high-capacity fiber optic cables in Germany. DataFlow holds a 75% market share in the
supply of wholesale access to this 'last mile' high-capacity fiber optic network (the physical
connection from the local distribution point to the end-user's building) in a major German city.
Access to this infrastructure is technologically and commercially indispensable for any
company wishing to provide high-speed, low-latency internet services to businesses and
consumers in the city.
'ConnectFast GmbH', a smaller internet service provider (ISP), requests access to
DataFlow's 'last mile' network to compete in the high-speed internet retail market. DataFlow
refuses to grant access, stating that ConnectFast should build its own network. ConnectFast
argues that building a new, competing fiber optic network would be technically unfeasible
due to high costs and physical constraints, making it impossible to effectively compete.
Analyze whether DataFlow AG's refusal to supply constitutes a violation of Article 102 TFEU.
You do not need to discuss any justifications.
Answer Model - Question 2
The case requires an analysis based on the five cumulative steps of Article 102 TFEU
(Abuse of a Dominant Position) :
1. Is DataFlow AG an undertaking? (1 point)
● Definition: An undertaking is every entity engaged in an economic activity, regardless
of its legal status or the way in which it is financed.
● Application: DataFlow AG is an entity that offers a service (wholesale access to a
fiber optic network) on the market for remuneration.
● Conclusion: DataFlow AG is an undertaking.
2. Does DataFlow AG hold a dominant position on the relevant market? (10 points)
● Dominant Position Definition: A position of economic strength enjoyed by an
undertaking which enables it to prevent effective competition being maintained on the
Question 1 (20 points) - EU Citizenship
Maria, a Portuguese national, is an EU citizen. She moves to Cork, Ireland, to work as an
accountant. Her husband, Diego, is a citizen of Colombia (a Third-Country National, TCN).
They live and work in Ireland for four years.
A. Explain how Diego, as a TCN family member, derives his right of residence in Ireland
based on Maria's 'mobile' status. In your answer, include references to the relevant EU
legislation. (10 points)
B. After four years, Maria and Diego decide to return to Portugal, Maria's Member State of
origin. They have a two-year-old child who was born in Cork and therefore has Irish
nationality. Once in Portugal, Diego is refused a residence permit by the Portuguese
authorities on the grounds that he has no independent right to reside in Portugal and is not
the TCN family member of a mobile EU citizen (since they are in Maria's home state).
Explain whether the refusal by the Portuguese authorities violates EU law. In your answer,
include references to relevant Treaty articles and case law. (10 points)
Answer Model - Question 1
A. TCN Residence Right for Mobile EU Citizen
1. Legal Basis: The rights of Maria, as a mobile EU citizen, and her TCN family
members are governed by Article 21(1) TFEU and Directive 2004/38/EC.
2. Scope of Directive 2004/38: The Directive applies to all Union citizens who move to
or reside in a Member State other than that of which they are a national, and their
family members (Article 3(1)). Maria has moved from Portugal to Ireland, establishing
a cross-border element.
3. Family Member Definition: Diego, as the spouse of Maria, is a family member under
Article 2(2)(a) Directive 2004/38.
4. Derived Right of Residence: Diego's right of residence is derived from Maria's status
as an EU worker/resident.
● Up to three months: Diego has the right to reside with a valid passport, like
Maria (Article 6(2)).
● More than three months: Maria, as an employed person, automatically retains
her right of residence (Article 7(1)(a)). Consequently, Diego has the right of
residence for as long as Maria satisfies the conditions (Article 7(2)).
● Permanent Residence: After five years of continuous legal residence in
Ireland, Maria would acquire a permanent residence right (Article 16(1)), and
Diego would also acquire a permanent residence right (Article 16(2)). Since
they have resided for four years, they do not yet have permanent residence.
B. TCN Residence Right for Non-Mobile EU Citizen (Reverse Zambrano / Coman Situation)
1. Issue: The situation involves Maria, a Portuguese national, returning to her home
Member State (Portugal), meaning she is no longer a 'mobile' EU citizen in the
context of Directive 2004/38. However, her child holds Irish (EU) nationality.
, 2. Legal Basis & Case Law: The case must be assessed under the residual rights
granted by Article 20 TFEU, as interpreted in the case law of the CJEU, specifically
the Ruiz Zambrano case.
3. Principle of Article 20 TFEU: The CJEU ruled in Zambrano that Article 20 TFEU
"precludes national measures which have the effect of depriving citizens of the Union
of the genuine enjoyment of the substance of the rights conferred by virtue of their
status as citizens of the Union".
4. Application: The child is an EU citizen (Irish nationality). Refusing Diego (the TCN
parent) a residence permit in Portugal would force the child, who is dependent on
Diego, to leave the territory of the EU (Portugal being the child's de facto place of
residence).
5. Conclusion: The refusal to grant Diego a residence permit would effectively force the
EU citizen child to leave the Union's territory, thus depriving the child of the very
substance of their EU citizenship rights. Therefore, the refusal by the Portuguese
authorities violates Article 20 TFEU. This principle applies even though the EU citizen
(the child) is relying on EU citizenship against their own Member State
(Chavez-Vilchez principle).
Question 2 (26 points) - Competition Law (Article 102 TFEU)
'DataFlow AG' is a German company that owns and operates a national wholesale network
of high-capacity fiber optic cables in Germany. DataFlow holds a 75% market share in the
supply of wholesale access to this 'last mile' high-capacity fiber optic network (the physical
connection from the local distribution point to the end-user's building) in a major German city.
Access to this infrastructure is technologically and commercially indispensable for any
company wishing to provide high-speed, low-latency internet services to businesses and
consumers in the city.
'ConnectFast GmbH', a smaller internet service provider (ISP), requests access to
DataFlow's 'last mile' network to compete in the high-speed internet retail market. DataFlow
refuses to grant access, stating that ConnectFast should build its own network. ConnectFast
argues that building a new, competing fiber optic network would be technically unfeasible
due to high costs and physical constraints, making it impossible to effectively compete.
Analyze whether DataFlow AG's refusal to supply constitutes a violation of Article 102 TFEU.
You do not need to discuss any justifications.
Answer Model - Question 2
The case requires an analysis based on the five cumulative steps of Article 102 TFEU
(Abuse of a Dominant Position) :
1. Is DataFlow AG an undertaking? (1 point)
● Definition: An undertaking is every entity engaged in an economic activity, regardless
of its legal status or the way in which it is financed.
● Application: DataFlow AG is an entity that offers a service (wholesale access to a
fiber optic network) on the market for remuneration.
● Conclusion: DataFlow AG is an undertaking.
2. Does DataFlow AG hold a dominant position on the relevant market? (10 points)
● Dominant Position Definition: A position of economic strength enjoyed by an
undertaking which enables it to prevent effective competition being maintained on the
