R v Transport Secretary, ex parte Factortame Ltd (No 1) [1990] 2 AC 85

Court: House of Lords, European Court of Justice (ECJ)

Facts: Spanish fishing vessels registered in the UK to exploit the UK’s fishing quota under the Common Fisheries Policy. The UK passed the Merchant Shipping Act 1988 (MSA 1988), which required ships registered in the UK to have 75% UK ownership. Spanish fishermen challenged this as discriminatory under European Community law and sought interim relief.

Issue: Did UK courts have the power to grant interim relief against a UK statute in conflict with EU law?

Held: The House of Lords ruled it had no power to grant interim relief that would overturn a UK statute. However, a preliminary reference to the ECJ led to a ruling that national courts must disapply conflicting national law in order to grant interim relief to protect Community rights.

Key Judicial Statement: The ECJ's ruling emphasized that national courts have a duty to set aside national law conflicting with Community law, confirming the supremacy of EU law in this context.

💡Leveluplaw: Where EU law and national law conflict, EU law prevails, and national courts must provide remedies to protect EU rights, including interim relief.