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Name ________________________

ALR-FCIL ASSIGNMENT 5:

European Union

Please provide a research diary for each numbered question. Also please provide correct citations for all legal documents (consult Bluebook Rule 21)

1. You are in-house counsel for Scaryair, a low-cost carrier based in Ireland. Scaryair has decided that it wants to start a service to the United States. Although it doesn’t really care about “the law”, the board of directors was kind enough to consult with you to research what types of issues it might encounter in trying to get this service “off the ground”.

a. You remember reading something in the news about the Open Skies agreement—long a contentious issue between the EU and the US. Where in the Official Journal can you find a copy of this agreement?

b. With regards to Ireland-US air services, what treaty does this agreement supersede? Provide an official citation to a US source.

c. Scaryair is notorious for its poor customer relations. As a European air services provider, it is subject to EU legislation governing air passenger rights. Locate the relevant regulation and provide the official citation.

d. Would this regulation apply to Scaryair’s new proposed service?

i. Extra credit: Provide the citation to Ireland’s national implementing legislation for this regulation.

2. From BBCNews 15 December 2009:

“The European Union has agreed a deal to cut tariffs on banana imports, signaling the end of the world's longest-running trade dispute. Banana producers in Latin America will be subject to lower EU import tariffs as a result of the deal. This should make them more competitive with producers in Africa and the Caribbean, who pay no tariff. The price of bananas could fall by 12% as a result. The formal agreement will be signed in six to nine months' time.”

a. Locate a copy of the formal agreement and provide an official citation to it. Be sure to provide a detailed explanation in your research diary of the process you went through to find it.

b. Imports from Latin American make up what percentage of the current EU banana market? [Hint: where might trade information from the EU be reported?]

i. Extra Credit: From BBCCaribbean 3 February 2011: “The European Parliament today approved a deal to reduce import tariffs on Latin American bananas”. Locate a copy of this Resolution and provide an official citation to it.

3. Locate the most recent judgment from the Court of First Instance in the Microsoft antitrust case

a. Provide the official citation to this decision

b. What is the date of the original case involved?

4. Find the 2001 judgment of the European Court of Justice regarding France(s ban on beef from the United Kingdom.

a. Provide the official citation to this case

b. Did the court find primarily for the UK or France?

c. What is the official position of the EU on Bovine Spongiform Encephalopathy (BSE)? Back up your answer with some sort of official documentation (cited correctly, of course).

5. “Old” Article 62 has been renumbered under the Treaty of Lisbon consolidation.

a. What is the new Article number?

b. What does this Article discuss?

c. Which European Commission group is responsible for the enforcement of this Article? [Hint: Check which Title this Article falls under in the new]

d. Go to that group’s website and locate a document that sets forth EU policy in this area for the next five years and provide its official cite. [Hint: If you do not know where to look on the website, note my bolded hint above]

6. Briefly discuss the difference between the European Union and the Council of Europe

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