R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
[1991] 1 AC 603
Ratio Decidendi
EU law takes precedence over inconsistent national legislation. English courts have the power to grant interim relief (including suspending an Act of Parliament) to protect rights under EU law, notwithstanding parliamentary sovereignty.
Fapte
The Merchant Shipping Act 1988 required fishing vessels to be British-owned to fish in UK waters. Spanish fishermen argued this breached EU law on freedom of establishment. They sought an interim injunction to disapply the Act pending the ECJ's ruling.
Rezumatul hotărârii
The House of Lords, following a preliminary ruling from the ECJ, held that English courts must set aside national legislation that conflicts with EU law, even on an interim basis. This was a constitutional watershed — an Act of Parliament was effectively suspended by the courts.
Citate cheie
"Under the terms of the Act of 1972 it has always been clear that it was the duty of a United Kingdom court to override any rule of national law found to be in conflict with any directly enforceable rule of Community law."
— Lord Bridge
Tratament ulterior
The EU dimension no longer applies post-Brexit. However, the case remains important for understanding the relationship between Parliament and the courts, and the doctrine of parliamentary sovereignty.