Regina v Secretary of State for Transport, ex parte Factortame: ECJ 25 Jul 1991

ECJ Member States – Obligations – Exercise of residual powers in the field of the registration of vessels – Compliance with Community law. Free movement of persons – Freedom of establishment – Registration of a fishing vessel in a Member State – Conditions relating to the nationality, residence and domicile of the owners, charterers and operators of the vessel – Unlawful – Power of derogation of the national authorities – Absence of effect – System of fishing quotas – Absence of effect – Condition relating to the location of place from which the vessel is managed and its operations directed and controlled – Lawful (EEC Treaty, Art. 52)
C-221/89, [1991] EUECJ C-221/89, [1991] ECR I-3905
Bailii
European
Cited by:
CitedFoulser and Another v HM Inspector of Taxes ChD 20-Dec-2005
The taxpayer company entered into an arrangement in which shares were purchased by a company based in Ireland and resold. A claim was made for holdover relief.
Held: The scheme failed. The restriction imposed did not infringe the right of . .

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Updated: 11 March 2021; Ref: scu.160306