German court again referred question to ECJ about the ability of the German court to order interim measures disapplying a regulation pending a preliminary ruling by the Court on its validity. ECJ gave exactly same answer (quoting the ECj in Zuckerfabric on effectiveness) re administrative provisions implementing EC regulations as in Zuckerfabric, adding one more condition for interim relief: “in its assessment of all those conditions, it respects any decisions of the Court of Justice or the Court of First Instance ruling on the lawfulness of the regulation or on an application for interim measures seeking similar interim relief at Community level.”
