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Effects of the Standstill Obligation in National Courts – all said after CELF? An English Perspective

Christopher Vajda Qc, Paul Stuart


This article examines the role of the national court in granting remedies for breach of the standstill provision in Article 108(3) TFEU1 in the light of the ECJ’s judgment in CELF 1 and 2.2 While it welcomes the move away in CELF 1 from a formalistic approach of imposing the same remedy for breach of Article 108(3) regardless of the circumstances, it considers that combined effect of the judgments in CELF 1 and 2 is still to lay down too much rigidity


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