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

E649516

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.

All labels observed (4)

How this entity was disambiguated

Statements (48)

Predicate Object
instanceOf European Union law case ⓘ
House of Lords case ⓘ
United Kingdom constitutional law case ⓘ
alsoKnownAs Factortame ⓘ
Factortame (No 1) ⓘ
Factortame I ⓘ
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 ⓘ
decisionType judicial review decision ⓘ
followedBy Factortame (No 3) ⓘ
linked to: Factortame

Factortame (No 4) ⓘ
Factortame (No 5) ⓘ
linked to: Factortame (No 4)

R v Secretary of State for Transport, ex parte Factortame Ltd (No 2) ⓘ
involvesInstitution European Court of Justice ⓘ
Secretary of State for Transport ⓘ
involvesParty Factortame Ltd ⓘ
Spanish fishing vessel owners ⓘ
involvesStatute European Communities Act 1972 ⓘ
Merchant Shipping Act 1988 ⓘ
jurisdiction United Kingdom ⓘ
keyHolding European Community law has supremacy over conflicting domestic legislation in areas of Community competence ⓘ
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 ⓘ
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 ⓘ

How these facts were elicited

Referenced by (4)

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 → Factortame (No. 2) ⓘ
linked to: R v Secretary of State for Transport, ex parte Factortame Ltd
R v Secretary of State for Transport, ex parte Factortame Ltd → followedBy → R v Secretary of State for Transport, ex parte Factortame Ltd (No 2) ⓘ
linked to: R v Secretary of State for Transport, ex parte Factortame Ltd
Simmenthal → citationStyle → Case 106/77, Amministrazione delle Finanze dello Stato v Simmenthal SpA ⓘ
linked to: R v Secretary of State for Transport, ex parte Factortame Ltd