factortame

What was the main legal conflict in the Factortame case (1990)?

The conflict was between UK national law and European Community (EC) law regarding the validity of the UK Merchant Shipping Act 1988.

What did the Merchant Shipping Act 1988 require from fishing boats registered in the UK?

The Act required that all fishing boats must be majority-owned by British nationals.

Which principle under EC law did Factortame's owners claim was violated by the Merchant Shipping Act?

The principle of free movement of goods and services.

What significant question did the Factortame case raise regarding national and EC law?

Whether UK courts could set aside national legislation that was incompatible with EC law.

What was the House of Lords' initial ruling regarding the supremacy of EU law?

They initially ruled that UK courts had to follow national law.

What principle did the European Court of Justice (ECJ) establish in its ruling in the Factortame case?

The principle that EU law takes precedence over conflicting national law.

What was one major significance of the Factortame ruling for the UK?

It established the supremacy of EU law over national legislation.

How did the Factortame case impact parliamentary sovereignty in the UK?

It highlighted limitations by showing that national laws could be challenged by international obligations.

What precedent did the Factortame case set for future legal conflicts?

It set a precedent for cases involving conflicts between national law and EU law.

What impact did the Factortame case have on the relationship between domestic and European courts?

It influenced the judicial landscape in the UK and shaped legal interpretations of sovereignty and compliance with European law.