obtain interim measures before national courts as an integral part of the Community law concept of direct, immed iate and effective jud icial protection Beyond the issue whether Factortame made available an add itional remedy for the protection of putative rights, 8 a matter which will be discussed below, it is worth noting that above all, the most important contribution of the Courts ruling is the recognition of a Community law right to obtain interim legal protection, regardless of the authority against which the interim relief is granted and irrespective of the means or remedies through which such protection is provided. Taking into account that the right to obtain provisional suspension of enforcement of an Act of Parliament against the Crown did not exist under the national law provision preventing the award of the injunctions, the Court implicitly English law for purely domestic disputes, by instructing the House of Lords on setting aside recognized an autonomous right to obtain interim relief in order to safeguard the effectiveness of a decision to be rendered on the existence of the rights claimed unde Community law. 19 2.2.2Z.A. P-type situation In Zuckerfabrik, a Community law right to obtain interim relief before national courts was recognized in more straightforward terms. Here, such a right was in fact considered to be an ancillary aspect of the right to challenge the valid ity of Community legislation The reasoning of the European Court of Justice departs from the concept of legal protection, which includes- for those cases where national authorities are responsible for the administrative implementation of Community regulations-the right of individuals to challenge the validity of such regulations before national courts and to induce those courts to make a preliminary reference to the Court of Justice. As a consequence of the long time which elapses from the moment a case is brought before a national judge until a preliminar ruling on the valid ity of the contested measure is rendered, individuals should be provisionally protected through the suspension of enforcement of the said measure. 20 Referring to its statement in Factortame as to the suspension of the application of disputed domestic legislation prima facie incompatible with Community law until such time as the national court could deliver a judgment on the merits following a preliminary ruling under article 234, the Court concluded that Community law interim legal protection must remain the same, since in both Factortame and Zuckerfabrik the relevant disputes were based on Community law.21 The Court confirmed this reasoning in Atlanta, extending the Zuckerfabrik rule on the suspension of enforcement of national acts implementing Community legislation to positive See Peter Oliver(1992)"Interim Measures: Some Recent Developments, CMLRev 29, 7-27, p 16,A G. Toth(1990)"Comment on Factortame, CMLRev 27, 573-585, p 585; and Lam bros Papadias, loc cit, p See Lam bros Papadias, loc cit, pp. 177-178: Community citizens not only have a right to enforce the Community rights conferred upon them, but they are also, after Factortame, entitled to a judge with a urisdiction to grant, where necessary, interim relief. See also Ami Barav, loc cit, p. 369: The availability of dequate judicial remedies in the national courts in relation to claims arising under the EEC Treaty constitutes an essential requirement of Community law. Although using different term nology, both authors seem to favour he same underly ing idea of our proposition See Zuckerfabrik, paras. 16-17 See Zuckerfabrik, paras. 16, 17, 19 and 20obtain interim measures before national courts as an integral part of the Community law concept of direct, immediate and effective judicial protection. Beyond the issue whether Factortame made available an additional ‘remedy’ for the protection of putative rights,18 a matter which will be discussed below, it is worth noting that, above all, the most important contribution of the Court’s ruling is the recognition of a Community law right to obtain interim legal protection, regardless of the authority against which the interim relief is granted and irrespective of the means or remedies through which such protection is provided. Taking into account that the right to obtain provisional suspension of enforcement of an Act of Parliament against the Crown did not exist under English law for purely domestic disputes, by instructing the House of Lords on setting aside the national law provision preventing the award of the injunctions, the Court implicitly recognized an autonomous right to obtain interim relief in order to safeguard the effectiveness of a decision to be rendered on the existence of the rights claimed under Community law.19 2.2.2 Z.A.P-type situation In Zuckerfabrik, a Community law right to obtain interim relief before national courts was recognized in more straightforward terms. Here, such a right was in fact considered to be an ancillary aspect of the right to challenge the validity of Community legislation. The reasoning of the European Court of Justice departs from the concept of legal protection, which includes - for those cases where national authorities are responsible for the administrative implementation of Community regulations - the right of individuals to challenge the validity of such regulations before national courts and to induce those courts to make a preliminary reference to the Court of Justice. As a consequence of the long time which elapses from the moment a case is brought before a national judge until a preliminary ruling on the validity of the contested measure is rendered, individuals should be provisionally protected through the suspension of enforcement of the said measure.20 Referring to its statement in Factortame as to the suspension of the application of disputed domestic legislation prima facie incompatible with Community law until such time as the national court could deliver a judgment on the merits following a preliminary ruling under Article 234, the Court concluded that Community law interim legal protection must remain the same, since in both Factortame and Zuckerfabrik the relevant disputes were based on Community law.21 The Court confirmed this reasoning in Atlanta, extending the Zuckerfabrik rule on the suspension of enforcement of national acts implementing Community legislation to positive 18 See Peter Oliver (1992) ‘Interim Measures: Some Recent Developments’, CMLRev. 29, 7-27, p. 16; A. G. Toth (1990) ‘Comment on Factortame’, CMLRev. 27, 573-585, p. 585; and Lambros Papadias, loc. cit., p. 173. 19 See Lambros Papadias, loc. cit., pp. 177-178: ‘Community citizens not only have a right to enforce the Community rights conferred upon them, but they are also, after Factortame, entitled to a judge with a jurisdiction to grant, where necessary, interim relief.’ See also Ami Barav, loc. cit., p. 369: ‘The availability of adequate judicial remedies in the national courts in relation to claims arising under the EEC Treaty constitutes an essential requirement of Community law.’ Although using different terminology, both authors seem to favour the same underlying idea of our proposition. 20 See Zuckerfabrik, paras. 16-17. 21 See Zuckerfabrik, paras. 16, 17, 19 and 20