Regina v Secretary of State for Health and Others, ex parte Imperial Tobacco Limited and others: HL 7 Dec 2000

Where a party sought an injunction to prevent a government from implementing a European Union directive, pending a decision from the European Court, on whether domestic or community law was to be applied, the domestic court must refer the matter to the European Court of Justice. This was necessary to achieve consistency throughout the Union, and even though such an order would interfere with the operation of the directive.


Lord Slynn of Hadley Lord Nicholls of Birkenhead Lord Hoffmann Lord Clyde Lord Millett


Times 20-Dec-2000, [2000] UKHL 60, [2001] 1 All ER 850, [2001] 1 WLR 127


House of Lords, Bailii


Directive 98/43/EC


England and Wales


CitedZuckerfabrik Suderdithmarschen and Zuckerfabrik Soest v Hauptzollamt Itzehoe and Hauptzollamt Paderborn ECJ 21-Feb-1991
. .
Lists of cited by and citing cases may be incomplete.

European, Constitutional, Media

Updated: 31 May 2022; Ref: scu.159094