INTERIMMEASURES IN EC LAW: Towards a Complete and autonomous System of Provisional Judicial Protection before National Courts? Sergio Ariel Apter Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or othenwise, except for reasonable quoting, clearly indicating th source. Readers are permitted to make copies, electronically or printed, for personal and classroom use Abstract Two situations can be distinguished in the case law of the european Court of Justice on interim relief granted by national judges: (ia Factortame-type situation(after the name of provisions incompatible with Community law, and (i)a Z.A.P. -type situation( after the Sal the case known as Factortame ) concerning the suspension of enforcement of national leg initials of Zuckerfabrik, Atlanta and Port), dealing with the suspension of enforcement of national measures implementing Community Regulations and positive interim orders disapplying such regulations Factortame ratifies the idea that compliance with the principle of effective jud icial protection of Community law rights requires immediate availability of a remedy, pending the determination of the substance of a case. Factortame recognizes a community law right te interim legal protection, regardless of the authority against which the relief is granted and the means through which such protection is provided. Z.A. P provide the foundations of a Community law right to interim legal protection where the valid ity of Community regulations is challenged In Factortame, national courts? jurisdiction to grant interim measures is based d irectly on Community law. The same applies to a Z.A. P -type situation where the validity of a Community act is in issue So far as the exercise of the power to grant interim measures is concerned, under a Factortame-type situation, national courts apply domestic law requirements and cond itions Under a Z.A. P.-type situation, minimum uniform Community law cond itions(such as the existence of serious doubts as to the valid ity of the Community measure, the urgency and threat of serious and irreparable damage, and the consideration of the interest of the Community) are applicable There is not a truly complete Community law system of provisional judicial protection before national courts. However, the gaps left by the Court's case law allow the anticipation of further developments Contents 1. Introduction 2. The right to obtain interim relief before national courts 2. 1 Direct, immediate and effective judicial protection 2. 2 Rationale behind the case law of the European Court of Justice 2.2. 1 Factortame-type situationINTERIM MEASURES IN EC LAW: Towards a Complete and Autonomous System of Provisional Judicial Protection before National Courts? Sergio Ariel Apter Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or otherwise, except for reasonable quoting, clearly indicating the source. Readers are permitted to make copies, electronically or printed, for personal and classroom use. Abstract Two situations can be distinguished in the case law of the European Court of Justice on interim relief granted by national judges: (i) a Factortame-type situation (after the name of the case known as Factortame), concerning the suspension of enforcement of national legal provisions incompatible with Community law, and (ii) a Z.A.P.-type situation (after the initials of Zuckerfabrik, Atlanta and Port), dealing with the suspension of enforcement of national measures implementing Community Regulations and positive interim orders disapplying such regulations. Factortame ratifies the idea that compliance with the principle of effective judicial protection of Community law rights requires immediate availability of a remedy, pending the determination of the substance of a case. Factortame recognizes a Community law right to interim legal protection, regardless of the authority against which the relief is granted and the means through which such protection is provided. Z.A.P. provide the foundations of a Community law right to interim legal protection where the validity of Community regulations is challenged. In Factortame, national courts? jurisdiction to grant interim measures is based directly on Community law. The same applies to a Z.A.P.-type situation where the validity of a Community act is in issue. So far as the exercise of the power to grant interim measures is concerned, under a Factortame-type situation, national courts apply domestic law requirements and conditions. Under a Z.A.P.-type situation, minimum uniform Community law conditions (such as the existence of serious doubts as to the validity of the Community measure, the urgency and threat of serious and irreparable damage, and the consideration of the interest of the Community) are applicable. There is not a truly complete Community law system of provisional judicial protection before national courts. However, the gaps left by the Court's case law allow the anticipation of further developments. Contents 1. Introduction 2. The right to obtain interim relief before national courts 2.1 Direct, immediate and effective judicial protection 2.2 Rationale behind the case law of the European Court of Justice 2.2.1 Factortame-type situation