January 18, 2026
R v Secretary of State for Transport, ex p. Factortame Ltd (No.2) [1990] EUECJ C-213/89
Spanish-owned fishing companies challenged UK legislation requiring British nationality for vessel registration. The European Court of Justice ruled that national courts must set aside domestic rules preventing interim relief to protect Community law rights, establishing the supremacy of EC law over conflicting national provisions. Facts The appellants were companies incorporated under UK law, with directors and shareholders who were mostly Spanish nationals, owning or operating 95 fishing vessels. These vessels had been registered under the Merchant Shipping Act 1894 but failed to meet the new registration conditions under the Merchant Shipping Act 1988, which required vessels to be ‘British-owned’ with
