sec_5_4_2__para__2

The following factors are alternative. This means that ineffectiveness of the remedy can be caused either by a single requirement, for instance high or discriminatory court fees (415), or by a combination of different requirements, e.g. a short time-limit combined with the need to take a lawyer (416) or the need to make detailed submissions (417). While most of the aspects referred to below concern procedural law, it is immaterial, in this context, whether a given factor is qualified as a matter of procedural or substantive law (418) in the relevant Member State. The list below is not exhaustive but reflects the most common examples stemming from the case law of the Court.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.