The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference to the European Court.
Held: This was dispute in law, and an English Court did not have power to suspend operation of an Act of Parliament pending a decision of the European or other court. The provision of effective interim relief should also be referred to the European Court of justice.
Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Oliver of Aylmerton, Lord Goff of Chieveley, Lord Jauncey of Tullichettle
[1989] UKHL 1, [1990] 2 AC 85, [1989] 2 WLR 997, [1989] 3 CMLR 1, [1989] COD 531, [1989] 2 All ER 692
Bailii
European Communities Act 1972 2, Merchant Shipping Act 1988 14, Merchant Shipping (Registration of Fishing Vessels) Regulations 1988
England and Wales
Cited by:
Referral from – Regina v Secretary of State for Transport, ex parte Factortame ECJ 19-Jun-1990
ECJ It is for the national courts, in application of the principle of cooperation laid down in Article 5 of the EEC Treaty, to ensure the legal protection which persons derive from the direct effect of provisions . .
See Also – Regina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .
Cited – Autologic Holdings Plc and others v Commissioners of Inland Revenue HL 28-Jul-2005
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by . .
Cited – M v Home Office and Another; In re M HL 27-Jul-1993
A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be . .
Cited – Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
See Also – Regina v Secretary of State for Transport ex parte Factortame Ltd HL 26-Jul-1990
(Interim Relief Order) . .
See Also – Regina v Secretary of State for Transport, ex parte Factortame Ltd and others (No 5) HL 28-Oct-1999
A member state’s breach of European Law, where the law was clear and the national legislation had the effect of discriminating unlawfully against citizens of other members states, was sufficiently serious to justify an award of damages against that . .
Lists of cited by and citing cases may be incomplete.
European, Constitutional
Leading Case
Updated: 02 November 2021; Ref: scu.229082