R v Secretary of State for Transport, ex parte Factortame Ltd

E649516

R v Secretary of State for Transport, ex parte Factortame Ltd is a landmark UK constitutional law case in which the House of Lords affirmed the supremacy of European Community law over conflicting domestic legislation and allowed for the suspension of an Act of Parliament.

All labels observed (4)

How this entity was disambiguated

Statements (48)

Predicate Object
instanceOf European Union law case
House of Lords case
United Kingdom constitutional law case
alsoKnownAs Factortame
Factortame (No 1)
Factortame I
areaOfLaw European Community law
constitutional law
judicial review
public law
citation [1990] 2 AC 85
[1990] 3 CMLR 1
[1990] 3 WLR 818
country United Kingdom
court House of Lords
decisionType judicial review decision
followedBy Factortame (No 3)
linked to: Factortame

Factortame (No 4)
Factortame (No 5)
linked to: Factortame (No 4)

R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
involvesInstitution European Court of Justice
Secretary of State for Transport
involvesParty Factortame Ltd
Spanish fishing vessel owners
involvesStatute European Communities Act 1972
Merchant Shipping Act 1988
jurisdiction United Kingdom
keyHolding European Community law has supremacy over conflicting domestic legislation in areas of Community competence
UK courts have power to grant interim relief suspending an Act of Parliament that conflicts with European Community law
UK courts may disapply provisions of an Act of Parliament that conflict with directly effective European Community law
the European Communities Act 1972 authorises UK courts to give effect to directly effective European Community law over inconsistent national law
language English
legalPrinciple direct effect of European Community law
duty of national courts to provide effective judicial protection of Community rights
power of national courts to grant interim relief required by European Community law
supremacy of European Community law
precededBy reference to the European Court of Justice
relatedConcept constitutional supremacy of EU law in member states
parliamentary sovereignty
remedyGranted interim injunction suspending provisions of the Merchant Shipping Act 1988
significance first case in which a UK court suspended the operation of an Act of Parliament
landmark case on the relationship between UK law and European Community law
major authority on the constitutional impact of the European Communities Act 1972
subjectMatter compatibility of UK nationality requirements for fishing vessel registration with European Community law
interim relief against the operation of primary legislation
topic limits on parliamentary sovereignty in the context of European Community membership
supremacy of European Community law over national law
yearDecided 1990

How these facts were elicited

Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

European Communities Act 1972 appliedInCaseLaw R v Secretary of State for Transport, ex parte Factortame Ltd
Costa v ENEL citedBy Factortame (No. 2)
linked to: R v Secretary of State for Transport, ex parte Factortame Ltd
R v Secretary of State for Transport, ex parte Factortame Ltd followedBy R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
linked to: R v Secretary of State for Transport, ex parte Factortame Ltd
Simmenthal citationStyle Case 106/77, Amministrazione delle Finanze dello Stato v Simmenthal SpA
linked to: R v Secretary of State for Transport, ex parte Factortame Ltd