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Factortame 2 R v Secretary of State for Transport ex. p. Factortame (No.2)

[1991] A.C. 603

Case summary last updated at 05/02/2020 14:32 by the Oxbridge Notes in-house law team.

Judgement for the case Factortame 2 R v Secretary of State for Transport ex. p. Factortame (No.2)

In response to Factortame 1, the ECJ ruled that a national court has a duty to grant injunctions in order to safeguard rights granted under EC law and, where a national law fails to observe rights granted under EC law, the courts have a duty to apply EC law and disregard the conflicting national law(s). Thus the HL granted an injunction forbidding the minister from obeying an act of parliament. Lord Bridge said that in enacting the European Communities Act 1972 parliament voluntarily sacrificed some sovereignty; secondly Lord Bridge accepted the argument that unless EC laws took precedence then the EC would be unviable; thirdly there was a duty for national courts to override UK law in applying EC law. 

Factortame 2 R v Secretary of State for Transport ex. p. Factortame (No.2) crops up in following areas of law