Interim relief

Alexander H. Türk ()

Chapter 14 in Judicial Review in the European Union, 2025, pp 529-561 from Edward Elgar Publishing

Abstract: Union acts enjoy a presumption of validity, which allows their effects to be fully realised until they are annulled. However, the effects of a successful action for judicial review would be considerably diminished if the applicant's interests could not be protected against damage until such judgment is delivered. Accordingly, the Union courts have recognised that interim measures are an essential element of effective judicial protection. This Chapter examines Articles 278 and 279 TFEU, which form the basis for the granting of interim measures. It argues that while their scope gives the courts considerable discretion in the measures they can impose, some of the requirements for interim relief are quite strict. In contrast to the prima facie case, it is particularly difficult for applicants to meet the urgency requirement, which depends on the need to avoid serious and irreparable harm, especially where commercial interests are at stake.

Keywords: Articles 278 and 279 TFEU; Interim measures; Effective judicial protection; Prima facie case; Urgency; Serious and irreparable damage (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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