Factortame (No. 2) [1991]

Facts

  • The claimants, Spanish shipowners made use of UK fish reserves to fish courtesy of the Merchant buy xanax from china Shipping Act 1894 which allowed them to fish in the UK then sell the fish they had caught in Spain
  • The Secretary of State for Transport modified the Merchant Shipping Act 1894 to become the Merchant Shipping Act 1988, which prevented the Spanish shipowners making use of the loophole and using up the UK’s fishing quotas
  • The modified Act provided strict controls over ship registration, which the Spanish shipowners objected to as being discriminatory on the grounds of nationality
  • In Factortame (No. 1), the claimant ship owners sought an injunction to prevent the Merchant Shipping Act 1988 coming into force. The House of Lords referred the matter to the European Court of Justice with urgency as UK courts are not empowered to issue injunctions against the Crown
  • Factortame (No .2) delivered the European Court of Justice’s verdict

Issue

  • Was EU law supreme over national Westminster law, bearing in mind the doctrine of Parliamentary sovereignty?

Decision

  • Yes, the claimants succeeded

Reasoning

  • Although measures to ensure the effectiveness of the EU’s national fisheries scheme were allowed, they must not be discriminatory
  • The case confirmed the UK’s subordination to EU law
  • EU law can require an injunction against the executive Crown
RELATED CASE  R v Leicester City Justices, ex p Barrow [1991]

Posted in Public Law Revision Notes.

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