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

Facts

• Following the facts UK case of Factortame (No 1) [199o], this case was a preliminary reference case

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]