Interimistiska åtgärder i EG-rättsliga mål : Om gemenskapsrättens inverkan på det provisoriska rättsskyddet i svensk civil- och förvaltningsprocess

Sammanfattning: This thesis is concerned with the impact of Community law on provisional judicial protection in Swedish courts. Attention is focused mainly on security measures in civil proceedings according to chapter 15 of the Swedish Code of Judicial Procedure and on stay of execution and other orders for interim relief according to section 28 of the Swedish Administrative Courts Procedure Act (1971:291). Two typical cases attract most of the attention. The first is when the compatibility of national law with community law is challenged and the second when a Community act is alleged to be invalid. An important question for the thesis is what is required for provisional judicial protection in the stated situations, that is, what are the conditions for interim measures in each case. The three preliminary rulings Factortame I, Zuckerfabrik and Atlanta are discussed in detail. The European Court of Justice refers to its own case law on interim measures when it comes to the conditions national courts must consider in certain cases. This case law is examined from a Swedish perspective. Further the significance of the main matter at issue encompassing a conflict of norms on the trial of interim measures is discussed.