Hostname: page-component-586b7cd67f-rdxmf Total loading time: 0 Render date: 2024-11-26T22:26:42.532Z Has data issue: false hasContentIssue false

Factortame Ltd v. Secretary of State for Transport

United kingdom.  18 May 1989 ; 19 June 1990 ; 11 October 1990 ; 25 July 1991 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Relationship of international law and municipal law — Treaties — Effect in municipal law — European Economic Community Treaty, 1957 — Direct effect — Supremacy of Community law over conflicting national legislation — Conflict between directly effective provisions of Community law and subsequent Act of Parliament — Doctrine of parliamentary sovereignty — Duty of national courts to provide effective remedies for the enforcement of directly effective Community law rights — National court referring question of Community law to Court of Justice of the European Communities — Whether interim relief available pending final judgment in case — Challenge to national legislation — Whether national court required to grant interim relief suspending operation of national legislation pending ruling by the Court of Justice — Relationship between Community law and international law

Treaties — Effect in municipal law — Enforcement by national courts — EEC Treaty, 1957 — Remedies — Interim relief — Criteria for granting interim relief suspending Act of Parliament pending ruling by Court of Justice of the European Communities

Nationality — Ships — Right of State to determine whether vessel entitled to be registered in that State and to fly its flag — Requirement of genuine link between vessel and State of registration — Geneva Convention on the High Seas, 1958, Article 5 — Requirement that vessel be owned by nationals of the State of registration resident and domiciled in that State — Requirement that operations of ship be directed from within State of registration — Fishing vessels — European Community law — Whether Community law leaves each Member State free to determine questions of nationality for itself — Whether requirements of nationality and residence for owners of vessels may be made a condition of registration of vessel — Relationship between Community law and High Seas Convention, Article 5 — EEC Treaty, 1957, Article 234 — Merchant Shipping Act 1988

Sea — Fisheries — European Economic Community fisheries policy — System of national quotas — Ships — Nationality — Relationship between Community law, national law and international law — The law of the European Economic Community — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1993

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)