The EU Court of Justice confirms the requirements for national courts to grant interim relief against Commission decisions (Atlanta Fruchthandelsgesellschaft)

On 9 November 1995, the Court of Justice gave its ruling on a reference from the Verwaltungsgericht Frankfurt am Main (Administrative Court of Frankfurt) on questions relating to the ability of national courts to grant interim relief in a form that effectively disapplied an act of the EU institutions. The judgment confirmed the criteria set out in Case C-143/88 Zuckerfabrik Süderdithmarschen and Zuckerfabrik Soest v Hauptzollamt Itzehoe and Hauptzollamt Paderborn and confirmed the application of that test to interim relief in the form of the disapplication of an EU measure (in casu the imposition of import quotas). In Zuckerfabrik, the Court of Justice had considered whether national courts could suspend the enforcement of a national measure adopted on

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  • Hausfeld (London)

Quotation

Aqeel Kadri, The EU Court of Justice confirms the requirements for national courts to grant interim relief against Commission decisions (Atlanta Fruchthandelsgesellschaft), 9 November 1995, e-Competitions November 1995, Art. N° 109083

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