R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
[1991] 1 AC 603
判决理由
EU law has primacy over inconsistent domestic legislation. National courts must set aside or disapply an Act of Parliament that conflicts with directly effective EU law. Parliamentary sovereignty is qualified by membership of the EU.
事实
The Merchant Shipping Act 1988 required fishing vessels to be British-owned. Spanish fishermen argued this breached EU law on freedom of establishment.
判决摘要
Following a preliminary ruling from the ECJ, the House of Lords granted an interim injunction disapplying the Act. Lord Bridge held that the primacy of EU law was well established and that national courts must provide effective protection of EU rights.
关键引述
"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
后续处理
Remains a key authority on parliamentary sovereignty, though EU law primacy ceased to apply in the UK after Brexit.