United Kingdom

摘要

On 30 June 2006, Hodge J, sitting in the Administrative Court, handed down judgment in R (on the application of the International Association of Independent Tanker Owners (Intertanko) and others) v Secretary of State for Transport (hereinafter the Intertanko case). The case concerned an application permission to apply for judicial review of the Ship Source Pollution Directive (Directive 2005/35/EC), brought against the Secretary of State by a group of shipping industry interests representing substantial portions of the industry: Intertanko, Intercargo, the Greek Shipping Cooperation Committee, Lloyd's Register and the International Salvage Union. The claimants challenged the validity of the Directive on the ground that it departed from international legal obligations binding on the European Community (EC). The Court granted the application and, as requested by the claimants, referred four issues to the European Court of Justice (ECJ) for a preliminary ruling.