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Publishers Abstract:
The nature of interim relief was discussed at length by Advocates General Capotorti and Tesauro in their opinions in Commission v. France and Factortame I respectively. They explained how the need for interim relief arises from the hiatus between the point in time at which a right comes into existence and the point in time at which its existence is confirmed or denied definitively by a judicial decision having the force of res judicata which is enforceable against the parties to the dispute. The focus of this article is on the recent trends in the case law of both Community courts, excluding case law on staff cases, which will only marginally be mentioned due to its specificity. The chances of being granted interim relief in relation to actions for failure to act or to actions for damages are very limited.
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