Transcript Folie 1 - Institutul National al Magistraturii

The influence of the EU law on
the national interim relief
procedure
By Werner HEERMANN
I. General principles
1. The respect of national judicial tradition

Procedural autonomy of the Member States (MS)

No general harmonisation of procedural law of the
MS
2. Influence only in the field covered by Union
Law
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2012
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II. General rules of EU Law
Treaty on European Union (TEU) Article 19
Member States shall provide remedies sufficient to
ensure effective legal protection in the fields covered
by Union law.
Charter of Fundamental Rights of the EU Article 47
Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by
the law of the Union are violated has the right to an
effective remedy before a tribunal in compliance with
the conditions laid down in this Article.
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III. ECJ
case law on interim relief
1. C-213/89, 19 June 1990, Factortame
The full effectiveness of Community law would be just
as much impaired if a rule of national law could
prevent a court seized of a dispute governed by
Community law from granting interim relief in order to
ensure the full effectiveness of the judgment to be
given on the existence of the rights claimed under
Community law . It follows that a court which in those
circumstances would grant interim relief, if it were not
for a rule of national law, is obliged to set aside that
rule.
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2. C- 217/88, 10 July1990
Commission v. Germany
By deciding not to order the immediate
enforcement of compulsory distillation notices
during the 1984/85 wine year and by refraining from
the use of the coercive measures provided for under
German law against producers who had refused to
deliver table wine for compulsory distillation, the
Federal Republic of Germany has failed to fulfil its
obligations under Article 5 of the EEC Treaty and
Article 64(1 ) of Council Regulation ( EEC ) No
337/79 of 5 February 1979 on the common
organization of the market in wine .
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3. C-143/88 and C-92/89, 21 February 1991,
Zuckerfabrik Süderdithmarschen/Zuckerfabrik
Soest
Suspension of enforcement of a national measure adopted in
implementation of a Community measure may be granted by a
national court only if
(1) that court entertains serious doubts as to the validity of the
Community measure and,
(2) should the question of the validity of the contested measure
not already have been brought before the Court of Justice, itself
refers that question to the Court of Justice,
(3) if there is urgency and a threat of serious and irreparable
damage to the applicant and
(4) if the national court takes due account of the Community' s
interests
(Exception from the Foto-Frost doctrine in urgent matters)
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IV. Interim relief in environmental matters
Aarhus Convention Article 9(4)
Effective remedies, including injunctive
relief as appropriate, shall be provided.
(no ECJ case law known)
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The session is closed!
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2012
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