Interim measures before national courts in the context of EU and Czech law
Interim measures before national courts in the context of EU and Czech law

Summary/Abstract: In the decisions in cases Rewe and Comet the Court of Justice of the European Union (further only "Court”) made it clear that the proper application of EU substantive law is primarily based on the use of national procedural rules. However, these rules may be corrected by principles of equivalence and effectiveness. After Rewe/Comet cases the Court used these corrections only exceptionally; its approach turned into more rigorous scrutiny especially at the end of 80s and beginning of 90s starting with Peterbroeck/van Schijndel line of case-law. This new development brought in more confusion about the question what national procedures or institutes will not stand the equivalence or effectiveness scrutiny.

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