R v Secretary of State for Transport, ex parte Factortame Ltd

E649516

European Union law case House of Lords case United Kingdom constitutional law case

R v Secretary of State for Transport, ex parte Factortame Ltd is a landmark UK constitutional law case in which the House of Lords affirmed the supremacy of European Community law over conflicting domestic legislation and allowed for the suspension of an Act of Parliament.

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Observed surface forms (1)

Surface form	Occurrences
Factortame (No. 2)	1

Statements (48)

Predicate	Object
instanceOf	European Union law case ⓘ House of Lords case ⓘ United Kingdom constitutional law case ⓘ
alsoKnownAs	Factortame NERFINISHED ⓘ Factortame (No 1) NERFINISHED ⓘ Factortame I NERFINISHED ⓘ
areaOfLaw	European Community law ⓘ constitutional law ⓘ judicial review ⓘ public law ⓘ
citation	[1990] 2 AC 85 ⓘ [1990] 3 CMLR 1 ⓘ [1990] 3 WLR 818 ⓘ
country	United Kingdom ⓘ
court	House of Lords NERFINISHED ⓘ
decisionType	judicial review decision ⓘ
followedBy	Factortame (No 3) NERFINISHED ⓘ Factortame (No 4) NERFINISHED ⓘ Factortame (No 5) NERFINISHED ⓘ R v Secretary of State for Transport, ex parte Factortame Ltd (No 2) NERFINISHED ⓘ
involvesInstitution	European Court of Justice NERFINISHED ⓘ Secretary of State for Transport NERFINISHED ⓘ
involvesParty	Factortame Ltd NERFINISHED ⓘ Spanish fishing vessel owners ⓘ
involvesStatute	European Communities Act 1972 NERFINISHED ⓘ Merchant Shipping Act 1988 NERFINISHED ⓘ
jurisdiction	United Kingdom ⓘ
keyHolding	European Community law has supremacy over conflicting domestic legislation in areas of Community competence NERFINISHED ⓘ UK courts have power to grant interim relief suspending an Act of Parliament that conflicts with European Community law ⓘ UK courts may disapply provisions of an Act of Parliament that conflict with directly effective European Community law ⓘ the European Communities Act 1972 authorises UK courts to give effect to directly effective European Community law over inconsistent national law NERFINISHED ⓘ
language	English ⓘ
legalPrinciple	direct effect of European Community law ⓘ duty of national courts to provide effective judicial protection of Community rights ⓘ power of national courts to grant interim relief required by European Community law ⓘ supremacy of European Community law ⓘ
precededBy	reference to the European Court of Justice ⓘ
relatedConcept	constitutional supremacy of EU law in member states ⓘ parliamentary sovereignty ⓘ
remedyGranted	interim injunction suspending provisions of the Merchant Shipping Act 1988 ⓘ
significance	first case in which a UK court suspended the operation of an Act of Parliament ⓘ landmark case on the relationship between UK law and European Community law ⓘ major authority on the constitutional impact of the European Communities Act 1972 ⓘ
subjectMatter	compatibility of UK nationality requirements for fishing vessel registration with European Community law ⓘ interim relief against the operation of primary legislation ⓘ
topic	limits on parliamentary sovereignty in the context of European Community membership ⓘ supremacy of European Community law over national law ⓘ
yearDecided	1990 ⓘ

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

European Communities Act 1972 → appliedInCaseLaw → R v Secretary of State for Transport, ex parte Factortame Ltd ⓘ

Costa v ENEL → citedBy → R v Secretary of State for Transport, ex parte Factortame Ltd ⓘ

this entity surface form: Factortame (No. 2)