Case C-213/89 R v Secretary of State for Transport, ex p Factortame 
- Following the facts UK case of Factortame (No 1) [199o], this case was a preliminary reference case
- 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)?
- Yes, Yes
- 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) 
Posted in EU Law Revision Notes.
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