CASE COMMENT: PROCEDURES - FRENCH LAW - INTERIM PROCEEDINGS - APPLICATION OF EC LAW

Criteria - Interim proceeding: The Court of Cassation states the criteria for interim proceedings in case where European law is applicable (Pharma-Lab / Pfizer - GlaxoSmithkline)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It will be recalled that the conditions for the grant of precautionary measures are somewhat different in national law from those of Community law. While in both cases the infringement must prima faciae be likely to occur and be classified as such, the domestic and Community case-law is not entirely identical. More precisely, they were not identical in 2002, but they tend, at present, to converge (cf. infra commentary on the decision of Cons. conc. n° 04-MC-02). In Community law, the grant is conditional on the "existence of a reasonably strong presumption" of the existence of an infringement, whereas domestic case law was content, until

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Valérie Michel-Amsellem, Criteria - Interim proceeding: The Court of Cassation states the criteria for interim proceedings in case where European law is applicable (Pharma-Lab / Pfizer - GlaxoSmithkline), 14 December 2004, Concurrences N° 1-2005, Art. N° 1346, pp. 105-106

Visites 3874

All reviews