“…. An example is the Factortame litigation, where a question of EU law as to the court’s power to grant interim relief was referred to the Luxembourg court (see [1990] 2 AC 85). An answer to the question referred was critical to whether an injunction should be granted. But whatever the answer, the proceedings would continue.…”
“…In R v Secretary of State for Transport, ex p. Factortame Ltd [1990] 2 AC 85, at 140, Lord Bridge explained the effect of section 2(1) of the European Communities Act 1972 in relation to directly enforceable Community (now EU) rights. I…”