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Topic: Factortame case


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  LIST OF CASES / Factortame Ltd v Sec'y of State for Transport ECJ 1989-91
Factortame Ltd and the others applied to the Divisional Court in London for judicial review and a declaration that the new registration of fishing regulations should not apply to them on the grounds that this would be a breach of the Treaty of Rome (arts 7, 52, 58 and 221 were quoted).
The importance of Factortame is thus that it shows that if the British parliament passes a new law which arguably conflicts with European law, the national courts have power in some circumstances to grant a temporary injunction to prevent the UK authorities from enforcing that UK law while the matter is being sorted out.
Factortame shows that the UK courts have power to grant such an injunction and sweeps away the traditional rule to the contrary.
www.emplaw.co.uk /free/4frame/data/03400806.htm   (821 words)

  
  Factortame case Information
Factortame's argument was that they were permitted to fish under the law of the European Economic Community (which became the EU in 1992).
The case reached the High Court of Justice of England and Wales, which obtained an injunction from the European Court of Justice (ECJ) to temporarily suspend the Secretary of State for Transport from enforcing the particular part of the Act.
The Factortame case is often cited as evidence for the erosion of UK sovereignty and independence by movements such as the Referendum Party.
www.bookrags.com /wiki/Factortame_case   (503 words)

  
 Factortame case
The Factortame case was a landmark constitutional case in the United Kingdom, which confirmed the supremacy of European Union law over UK law.
The case reached the High Court, which obtained an injunction from the European Court of Justice (ECJ) to temporarily suspend the Secretary of State for Transport from enforcing the particular part of the act.
The case was referred to the European Court of Justice by the House of Lords in 1990 (they were legally required to do this), the House of Lords ruling that they did not have the power to suspend Acts of Parliament.
www.mcfly.org /wik/Factortame_case   (408 words)

  
  Factortame case - Wikipedia, the free encyclopedia
Factortame's argument was that they were permitted to fish under the law of the European Economic Community (which became the EU in 1992).
The case reached the High Court of Justice of England and Wales, which obtained an injunction from the European Court of Justice (ECJ) to temporarily suspend the Secretary of State for Transport from enforcing the particular part of the Act.
The Factortame case is often cited as evidence for the erosion of UK sovereignty and independence by movements such as the Referendum Party.
en.wikipedia.org /wiki/Factortame_case   (596 words)

  
 [1996] 4 Web JCLI
In the light of the ECJ's case law regarding this provision, the basic criterion for liability for breach of EC law in situations where the public authority has discretion, should be the notion of manifest and serious breach.
This will definitely be the case if the Court follows its case law on the meaning of ‘State’ for the purpose of direct effect - municipalities (3) and public undertakings (4) have there been held to be emanations of the State.
This is not in keeping with the case law on liability of the EC where it is sufficient that the rule breached is intended to protect individual interests.
webjcli.ncl.ac.uk /1996/issue4/betlem4.html   (5930 words)

  
 THE COMMON LAW COURTS AS EC COURTS
These cases all preserve Parliamentary intention and thus are prepared to give effect to the words and objectives of directives only to the extent that a statute is ambiguous either on its face or in light of its legislative history.
The Factortame case and the more recent EOC case show the willingness of the English courts to assume their EC mantle and their ability to use the preliminary reference procedure as a devise to overcome difficult conflicts between national and EC law.
This was the right in issue in the case and as it had been conceded that EC law did not extend to it, EC law was not relevant to the outcome of the case.
ecsanet.org /conferences/ecsaworld2/maher.htm   (6558 words)

  
 THE COMMON LAW COURTS AS EC COURTS
These cases all preserve Parliamentary intention and thus are prepared to give effect to the words and objectives of directives only to the extent that a statute is ambiguous either on its face or in light of its legislative history.
The Factortame case and the more recent EOC case show the willingness of the English courts to assume their EC mantle and their ability to use the preliminary reference procedure as a devise to overcome difficult conflicts between national and EC law.
This was the right in issue in the case and as it had been conceded that EC law did not extend to it, EC law was not relevant to the outcome of the case.
www.ecsanet.org /conferences/ecsaworld2/maher.htm   (6558 words)

  
 Landmark decision Biography,info   (Site not responding. Last check: 2007-11-07)
A landmark decision is the outcome of a legal case (often thus referred to as a landmark case) that establishes a precedent that either substantially changes the interpretation of the law or that simply establishes new case law on a particular issue.
Factortame case (1990): the European Court of Justice ruled that the House of Lords was required to suspend an Act of Parliament that infringed EC law, confirmed the primacy of EC Union law over English law and breaching the principle of Parliamentary sovereignty.
It was the first case of a body of law developed in the Fifth Circuit holding that a variety of forms of corporal punishment against prisoners was considered cruel and unusual punishment and abolished racial segregation in prison.
www.parsnava.com /biography/sdmc_Landmark_case   (3382 words)

  
 Important Judgments Delivered by the Court of Justice of the European Communities During the Period
Factortame III was part of the ongoing affair concerning British law which laid down certain conditions relating to nationality and domicile which had to be fulfilled before a boat could be registered in Britain.
In reply to the first issue, the Court reiterated previous case law in which it had emphasized that the decisive criterion for establishing whether or not a transfer had taken place in the meaning of the directive was whether or not the body in question had retained its economic identity.
In the case, the Court considered that a transfer had taken place within the meaning of the directive, despite the fact that there had been no transfer of tangible assets, the structure and organization of the undertaking had not been preserved and the transferor had definitively ceased trading and gone into liquidation.
aei.pitt.edu /856/01/3.htm   (2968 words)

  
 [No title]   (Site not responding. Last check: 2007-11-07)
One case was from the Court of Chancery, and the other from the equity branch of the Court of the Exchequer.
In civil cases, the House of Lords may hear appeals from the Court of Appeal of England and Wales, the Court of Appeal in Northern Ireland and the Scottish Court of Session.
In criminal cases, the House of Lords may hear appeals from the Court of Appeal of England and Wales, the High Court of England and Wales, the Court of Appeal in Northern Ireland and the Courts-Martial Appeal Court.
www.guamus.com /wiki-Judicial_functions_of_the_House_of_Lords   (4561 words)

  
 Kobler (Free movement of persons) [2003] EUECJ C-224/01 (30 September 2003)
In the present case the Verwaltungsgerichtshof held in its judgment of 24 June 1998 that the special length-of-service increment provided for in Article 50a of the GG rewards an employee's loyalty to a single employer.
None the less, in the present case the Court has available to it all the materials enabling it to establish whether the conditions necessary for liability of the Member State to be incurred are fulfilled.
In those circumstances and in the light of the circumstances of the case, the infringement found at paragraph 119 hereof cannot be regarded as being manifest in nature and thus as sufficiently serious.
www.worldlii.org /eu/cases/EUECJ/2003/C22401.html   (7268 words)

  
 [No title]
In all cases, the enforcement of any act which is being challenged may be provisionally suspended and, as the case may be, any necessary interim measures can be ordered pursuant to Articles 242 and 243 of the Treaty until a judgment is rendered on its merits.
In Factortame, the model case for the approach of the first type of situation, several persons engaged in fishing activities resulted affected by requirements as regards nationality, residence and domicile, in the framework of a new system of registration of fishing vessels in the United Kingdom.
In general terms, Factortame appears to confirm by omission the principle of national procedural autonomy in the field of interim measures granted by national courts, where national law is alleged to be contrary to Community law.
www.ejcl.org /72/art72-1.txt   (7394 words)

  
 Trinidad and Tobago's Newsday : newsday.co.tt : CJ files   (Site not responding. Last check: 2007-11-07)
In many cases the way the discretion is exercised will depend on whether it appears that the other parties have suffered prejudice as a consequence of the error, but the rule gives the court the widest possible discretion and the court can look at all the circumstances.
On the particular facts of that case an interim order was granted which had the effect of staying the operation of the domestic law pending a determination of its validity under the European Treaty.
In the Factortame case, unlike this one, all the relevant facts were ascertained and the only unresolved issues were issues of law.
www.newsday.co.tt /cjfiles/0,41447.html   (2842 words)

  
 In Search of a Theory of State Liability in the European Union
In the case of non-contractual liability, the Community shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its institutions or by its servants in the performance of their duties.
The case was joined with a British case, Factortame III, the third of a series of cases involving a new system for the registration of fishing vessels in the United Kingdom.
Subsequent cases have resolved further issues, relating principally to the application of the "sufficiently serious breach" criterion.
www.jeanmonnetprogram.org /papers/99/990904.html   (3238 words)

  
 Constitution :: Web Articles ::
In the case of nation states, this term refers specifically to a national constitution, which defines its nation's fundamental political principles and establishes the power and duties of each government.
Cases must normally be heard in lower courts before being brought before the Supreme Court, except cases for which the Supreme Court has original jurisdiction.
Though the social contract in this case was between the king and the nobility, it was gradually extended to all of the people, and led to the development of the Constitutional Monarchy.
www.webarticles.com /Society/Governments/Constitution   (3889 words)

  
 Constitution   (Site not responding. Last check: 2007-11-07)
In the case of countries, this term refers specifically to a national constitution defining the fundamental political principles, and establishing the structure, procedures, powers and duties, of a government.
In both cases, ultra vires gives a legal justification for the forced cessation of such action, which might be enforced by by people with the support of a decision of the judiciary, in a case of judicial review.
The social contract in the original case was between the king and the nobility, but was gradually extended to all of the people.
en.filepoint.de /info/Constitution   (4285 words)

  
 Law… EU. Revision.   (Site not responding. Last check: 2007-11-07)
It’s the courts role to hear cases involving; o Disputes between those employed by the European Institutions and their employer.
- Factortame was the owner of some Spanish boats, he challenged the legislation in High Court in 1990 on the grounds it was a breach of EU trade laws.
The ECJ ruled that the law was a breach of parliament and had to be revoked.
www.studentcentral.co.uk /law_eu_revision_24437   (410 words)

  
 celex-txt - 61993C0046 -
Admittedly, in the case of the public authorities, precisely because of the nature of the activity which they perform and of the consequences which would ensue were there held to be liability and an obligation to compensate generally, the tendency has invariably been to limit the scope of liability in various ways.
On the contrary, in cases of infringement of provisions having direct effect, the protection already exists and a remedy may be asserted directly by the individual, with the result that it is necessary only to accompany it by that something less, which is financial protection.
The upshot is that in such cases the limits set to the action of the States are not clearly defined for that very reason, with the result that the situation is not very different substantively from that in which the States have a significant margin of discretion.
europa.eu.int /smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&numdoc=61993C0046&lg=en   (10156 words)

  
 A Concise Encyclopedia of the European Union --F--
Factortame was a one-ship shelf company, Spanish-owned but registered in the UK to enable its owner to exploit the British fishing quota in the Atlantic under the Common Fisheries Policy (CFP).
A well-known case was that bought by the Parliament in 1983 against the Council for failing to give legal force to a common transport policy (the Court was sympathetic, but deemed the policy too vague to form the base of an action at law).
The 1990 Francovich case established that a citizen who suffers damages from a government's non-fulfilment of such an obligation is entitled to compensation.
www.euro-know.org /dictionary/f.html   (4985 words)

  
 The Queen v Secretary of State for Transport, ex parte: Factortame Ltd and others. (Community law) [1990] EUECJ ...
It follows that a court which in those circumstances would grant interim relief, if it were not for a rule of national law, is obliged to set aside that rule.
In its judgment it found in the first place that the claims by the appellants in the main proceedings that they would suffer irreparable damage if the interim relief which they sought were not granted and they were successful in the main proceedings were well founded.
Community law must be interpreted as meaning that a national court which, in a case before it concerning Community law, considers that the sole obstacle which precludes it from granting interim relief is a rule of national law must set aside that rule.
www.worldlii.org /eu/cases/EUECJ/1990/C21389.html   (1734 words)

  
 HTML document for the World Wide Web
In the Simmenthal case, notably, the principle of the effectiveness of judicial protection ceased to be a mere obiter dictum and began to bite.
In fact, in the present case, the ascertainability of the content of rights conferred by the 80/987 directive was already established; the direct effect of its rules had been excluded only because the subject, and not the object, of the corresponding duty was not clearly identified in the provisions of the directive.
In the case of directives and decisions which have not yet been implemented by the Member States, as was the case in Francovich, it is suggested that one could apply the rules which have been elaborated by the Court of Justice on the question of the limits of the direct effects of such provision.
www.jus.unitn.it /cardozo/Review/Torts/Caranta-1996/Frank2.htm   (1880 words)

  
 Starting Research in European Law
For example Case C-351/93 was heard on 19 January 1995 and appeared in the OJ C of 4 March 1995.
The report for the ‘Factortame’ case appeared in late 1990 and contained both the opinion of the Advocate General and the Judgement of the Court.
Neither of these sources is comprehensive in the case reports as both concentrate on specific areas, either cases which have an impact on the UK or cases related to the common market.
www.lib.gla.ac.uk /Docs/Research/europeanlaw.html   (4206 words)

  
 Heywood and Black - News, Updates and Recent Decisions
“to determine whether an agreement is champertous one must look at the facts of the particular case and consider whether the agreement might tempt the allegedly champertous maintainer for his personal gain to inflame the damages, to suppress evidence, to suborn witnesses or otherwise undermine the ends of justice”.
In this case indemnity for costs was granted by the Solicitor’s Indemnity Fund to the Claimant on an Inquiry as to what damages were suffered by the Defendant as a result of the granting of a Mareva Injunction.
A CFA will only be unenforceable if, in the circumstances of the particular case, the conditions applicable to it by virtue of S.58 have not been sufficiently complied with in the light of their statutory purposes.
www.heywoodandblack.co.uk /news/index.html   (9016 words)

  
 T.M.C. Asser Instituut - European Environmental Law   (Site not responding. Last check: 2007-11-07)
Case C-373/95 Maso v INPS [1997] ECR I-4051; [1997] 3 C.M.L.R. Both the facts and the legal issues of this case are virtually identical to Bonifaci.
Case C-261/95 Palmisani v INPS [1997] ECR I-4025; [1997] 3 C.M.L.R. Both the facts and the legal issues of this case are virtually identical to Bonifaci.
Case C-63/01 Evans v Secretary of State for the Environment, Transport and the Regions, Motor Insurers' Bureau [2003] ECR I-4447 (judgment of 4 December 2004); [2004] 1 CMLR 47.
www.eel.nl /categorieen/intro.asp?ssc_nr=871   (12168 words)

  
 Academic law portfolio for undergraduate, LPC, postgraduate, research and GCSE level
The two cases can certainly be reconciled with each other and with previous authority: local authority educational psychologists are the authority's agents in the process of "deciding whether a service should be provided" in particular cases, whereas teachers are actually "providing a service".
The speeches of the law lords in the Three Rivers case emphasise that "bad faith" [Lord Steyn ibid at p 10a] or, in an equivalent sense, not necessarily implying a financial motive, "dishonesty" [Lord Hutton ibid at pp 41h-42b] is an essential feature of the tort of misfeasance in public office.
In the Factortame case itself the ECJ indicated that in some respects the unlawful provisions of the 1988 Act were "manifestly contrary" [Factortame Ltd v Transport Secretary (No 4) [1996] All E R (EC) 301 at 365j] to EC law and so should attract liability.
www.sweetandmaxwell.co.uk /academic/updates/emery/chap8.html   (2742 words)

  
 Thomas Cooper: Al Salam Boccaccio 98
This case is more commonly known as the Red Sea Ferry Disaster and is reported to have involved one of the largest losses of life at sea.
This case was politically sensitive and required a great deal of tact and diplomacy to resolve.
They worked tirelessly throughout and remained on the ground for three weeks, eventually laying the foundations for the settlement of all death and personal injury claims, which took place within a year, while at the same time gathering information necessary for the club to present to the International Group.
www.tcssol.com /clients-09-al-salam-boccaccio.html   (171 words)

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