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]