Interim Measures before the EU Courts in the Realm of the Common Commercial Policy and the Common Foreign and Security Policy

Abstract

This article focuses on successful interim measures before the General Court and the European Court of Justice in the realm of international trade and restrictive measures. Pursuant to that procedure, a judge may suspend the operation of a contested act. While the conditions for an award of such measures are famously strict, recent case-law of the EU Courts has brought about a more flexible interpretation of those conditions. The article will assess whether that logic is tenable and can be extended to the area of EU trade and restrictive measures. EU, Carbon Border Adjustment Mechanism (CBAM), customs