“EU law supremacy requires domestic courts to disapply conflicting national legislation.”
Spanish fishing companies challenged the Merchant Shipping Act 1988 which prevented them from fishing in UK waters. They claimed the Act breached EU law on freedom of establishment and sought interim relief.
Whether UK courts could grant interim relief against the Crown and disapply domestic legislation pending a reference to the European Court of Justice on EU law compatibility.
The House of Lords, following ECJ guidance, held that domestic courts must disapply national legislation incompatible with EU law and can grant interim relief against the Crown when EU rights are at stake.
This landmark case established EU law supremacy in UK courts and demonstrated how EU membership transformed UK constitutional law. It showed domestic courts could disapply Acts of Parliament and grant relief against the Crown when required by EU law.
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OSCOLA Citation
R v Secretary of State for Transport, ex p Factortame [1990] 2 AC 85 (HL)
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