The Law Reports (Appeal Cases)
[1991] 1 AC 603
[EUROPEAN COURT OF JUSTICE]
REGINA v. SECRETARY OF STATE FOR TRANSPORT, Ex parte FACTORTAME LTD. AND OTHERS (No. 2)
(Case C 213/89)
1990 April 5;
May 17;
June 19
May 17;
June 19
President O. Due Presidents of Chambers Sir Gordon Slynn, C. N. Kakouris, F. A. Shockweiler and M. Zuleeg Judges C. F. Mancini, R. Joliet, J. C. Moitinho de Almeida, G. C. Rodríguez Iglesias, F. Grévisse and M. de Valacso Advocate General G. Tesauro
[HOUSE OF LORDS]
1990 July 2,
3,
4,
5,
9;
25;
Oct. 11
Oct. 11
Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Oliver of Aylmerton, Lord Goff of Chieveley and Lord Jauncey of Tullichettle
European Economic Community
— Fishing rights
— Common fisheries policy
— British-registered fishing vessels managed and controlled from Spain
— Act and Regulations of 1988 restricting registration as British
— Owners' application for judicial review
— Contention that Act and Regulations contravening Community law and depriving owners of enforceable Community rights
— Interim injunction against Secretary of State restraining enforcement of Act and Regulations
— Whether to be granted
—
European Communities Act 1972 (c. 68), s. 2(1)(4)
—
Merchant Shipping Act 1988 (c. 12), s. 14
—
E.E.C. Treaty (Cmnd. 5179-II), arts. 7, 52, 58, 221
Judicial Review
— Crown
— Interim injunctive relief
— Application for interim injunction restraining Secretary of State from enforcing provisions of statute and Regulations made thereunder
— Applicants' contention that Act and Regulations in conflict with laws of European Community and depriving applicants of enforceable Community rights
— Principles on which interlocutory relief to be granted