Which of the following defences submitted by a Member State allegedly in breach of EU law is likely to be accepted by the ECJ?
A) Defence based on reciprocity
B) Defence based on necessity
C) Defence based on force majeure

Question

Quizplus · Accepted Answer

The ECJ is likely to accept a defence based on force majeure because it recognizes situations outside the control of the Member State that prevent it from fulfilling its obligations under EU law. Defences based on reciprocity and necessity are generally not accepted because they could undermine the uniform application and effectiveness of EU law.

Which of the Following Defences Submitted by a Member State