Keywords
Summary

Keywords

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Applications for interim measures ° Interim measures ° Variation ° Condition ° Change in circumstances

(Rules of Procedure of the Court of Justice, Art. 87)

Summary

Under Article 87 of the Rules of Procedure of the Court of Justice an order granting an interim measure may at any time on application by a party be varied or cancelled on account of a change in circumstances.

The enactment of national legislation with the same effects as the administrative acts the execution of which was ordered to be suspended by the interim measure cannot be considered to be a change in circumstances such as to justify varying or cancelling the interim measure. It cannot retrospectively cure the prima facie incompatibility with Community law of the administrative acts in question. In order to ensure that the forthcoming judgment can be effective, therefore, the interim measure should be continued.