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Case C-213/89 R v Secretary of State for Transport, ex p Factortame [1990]

Facts

Issue

  • Could a national procedural provision (The Crown Proceedings Act 1947) prevent Factortame from obtaining an injunction against the Crown?
  • Was EU law breached by UK shipping law (The Merchant Shipping Act)?

Decision

  • Yes, Yes

Reasoning

  • Any national provision preventing the full effectiveness of EU law must be set aside
  • The effectiveness of the treaties would otherwise be impaired
  • Factortame was entitled to interim relief, and this answer was to be repeated by the House of Lords when delivering their national judgment in Factortame (No 2) [1991]
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