le misure cautelari nel processo comunitario

This work deals with interim relief and its purpose in proceedings before the Court of Justice and the Court of First Instance, in the light of procedural rules and of general principles. A critical analysis of judicial precedents show a tendency towards a restrictive application of interim relief. This trend appears to conflict with the need of precautionary measures in order to guarantee complete and effective judicial protection during judicial proceedings. This topic is relevant non only under Community Law but also for national systems. Indeed, according to the European Court, national Courts must apply EC interim relief principles in all the proceedings where the validity of national acts executing EC law is put into question