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How did the provisions of Part II of the Merchant Shipping Act 1988 and Part VII of the Merchant Shipping (Registration of Shipping Vessels) Regulations 1988 threaten the livelihoods of Factortame? On what grounds did they claim the provisions were contrary to European Economic Community law? Why was the prohibition they were seeking so urgent?

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Introduction

How did the provisions of Part II of the Merchant Shipping Act 1988 and Part VII of the Merchant Shipping (Registration of Shipping Vessels) Regulations 1988 threaten the livelihoods of Factortame? On what grounds did they claim the provisions were contrary to European Economic Community law? Why was the prohibition they were seeking so urgent? The provisions of Part II of the Merchant Shipping Act 1988 and Part VII of the Merchant Shipping (Registration of Shipping Vessels) Regulations 1988 threatened the livelihoods of the applicants as they set up a new structure for the registration of British vessels and barred the registration or the continuing registration of any fishing vessels to continue beyond 31 March 1989 that were not compliant with the Act. ...read more.

Middle

The applicants wanted relief as they found that the provisions of Part II of the Merchant Shipping Act 1988 and Part VII of the Merchant Shipping (Registration of Shipping Vessels) Regulations 1988 could not apply to them as it is contrary to EEC law. It was already established that Community law was above national law in all matters. The act introduced a new system of registration of British fishing vessels and ruled that previously registered vessels could have their registrations suspended after a specified time. They claimed that the provisions were contrary to EEC law in a number of facets and utilized the Treaty of Rome to prove their views. ...read more.

Conclusion

The magnitude of the decision?s aftermath would be a deciding factor in whether or not the applicants could continue fishing in the UK and if they could register their vessels after the set deadline. This prohibition would halt the Secretary of State for Transport from terminating the existing registrations of vessels unless they satisfied Section 14 of the Merchant Shipping Act 1988.[6] [1] Gavin Drewry ?The jurisprudence of British Euroscepticism: A strange banquet of fish and vegetables? (2007) 3(2) Utrecht Law Review 101. [2] R v Secretary of State for Transport ex parte Factortame Ltd and Others [1989] 2 CMLR 353. [3] Ibid. [4] Ibid. [5] Ibid. [6] Ibid. ...read more.

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