R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
[1991] 1 AC 603
Ratio Decidendi
EU law has primacy over inconsistent domestic legislation. National courts must set aside or disapply an Act of Parliament that conflicts with directly effective EU law. Parliamentary sovereignty is qualified by membership of the EU.
Facts
The Merchant Shipping Act 1988 required fishing vessels to be British-owned. Spanish fishermen argued this breached EU law on freedom of establishment.
Judgment Summary
Following a preliminary ruling from the ECJ, the House of Lords granted an interim injunction disapplying the Act. Lord Bridge held that the primacy of EU law was well established and that national courts must provide effective protection of EU rights.
Key Quotes
"Under the terms of the Act of 1972 it has always been clear that it was the duty of a United Kingdom court to override any rule of national law found to be in conflict with any directly enforceable rule of Community law."
— Lord Bridge
Subsequent Treatment
Remains a key authority on parliamentary sovereignty, though EU law primacy ceased to apply in the UK after Brexit.