FACTORTAME LITIGATION

Factortame Litigation

Factortame Litigation

Introduction

The Factortame litigation brought a series of changes in the European Union and United Kingdom. This gave supremacy to the European law over the national law in the areas in which it has competencies. This was a part of lengthy battle of litigation, which consisted of various judgments that were spread over a decade. It gave rise to new questions over the law, as to how the support for the European law would erode the supremacy of the parliament. The two major judgments related to it were that of Factortame 1 and Factortame 2.

Factortame is the major step, which transformed the relationship between the member state and the European Union. It gave right to the citizen of the country to sue its government if it is found breaching the European Union Law. The citizen can also sue their government if they are found in breaching privacy legislation. Thus, a highly effective tool is placed in the hands of the European Citizens. This gives them more power and rights against the other country.

The Problem

This law is gives supremacy to Citizens while on other hand the supremacy of state institution is compromised.

Problem description

Factortame was a UK company, which was owned by Spanish Nationals. The company has a fleet of around 53 fishing vessels that belonged to Spain, since 1980 all registered in the Register under British Merchant. In Case Factortame, the House of Lords made a preliminary ruling in which asked whether a national court is oblige to grant interim measures suspending the application of national law to protect the rights claimed under Community law to therefore, not subject of a decision of the Court on a question, where federal law does not provide for such stopgap measures.

It has a fleet of 53 fishing vessels from Spain, since 1980 all registered in the Register under British Merchant. In the Case of Factortame, the House of Lords made a preliminary ruling in which asked whether a national court is obliged to grant an interim measures. It suspended the application of the national law that protected the rights claimed under Community law. The Court recalls that it can be argued on the basis that Factortame remedy Involve judicial enforcement of the will of Parliament, Expressed in the European Communities Act 1972, that future British legislation required to in accordance to Community law. The law required that the company should ...