Cases Flashcards
(The UK constitution) What are the facts in R v Secretary of State for Transport, ex p Factortame (No 2)?
Factortame Ltd was a company incorporated under UK law but their directors were Spanish nationals and residents
Directors owned several fishing vessels that were registered as British vessels
A change in law led to all vessels needing to be re-registered
Factortame’s vessels failed to qualify for re-registration as they failed to satisfy one of the new requirements
Factortame’s directors sought to direct the company from Spain and so fell short of the requirements - they sought review of the new act claiming that it was in contravention of EU law
(Parliamentary Sovereignty) What are the facts in Vauxhall Estates v Liverpool Corporation?
LC used statutory powers to compulsorily purchase land owned by VE as part of a project to redevelop the city
VE was entitled to compensation but there were 2 existing AoPs which set out the rules regarding the amount that should be paid
VE had a preference as one Act would make them entitled to more money
LC had a preference of the other Act as they would have to pay less money in compensation
VE argued that the newer act (the one LC favoured) had not expressly repealed the older act (the one they favoured)
Rejected - new AoP impliedly repealed the older act
(The UK and the EU) What are the facts in Costa v ENEL?
Costa was an Italian who was opposed to the nationalisation of the electricity sector in Italy, and a shareholder of an electricity company affected by the nationalisation
In protest, he refused to pay his electricity bill
Proceedings were launched against him for the unpaid bill
Costa challenged the lawfulness of the nationalisation claiming that it went against certain EU laws
CJEU held that national law could not take precedence over EU law
(The UK and the EU) What are the facts in Van Gend en Loos v Nederlandse Tariefcommissie?
C imported chemicals into the Netherlands from Germany and were charged a tariff at a rate which was contrary to Article 28 TFEU
When challenging the tariffs before courts in the Netherlands the courts asked whether Article 28 directly applies in a member state
Article 28 was designed to have direct effect on the legal relationship between a member state and its citizens
