Brasserie du Pêcheur v Germany and R v Secretary of State for Transport, ex p Factortame Ltd [1996]

On a reference to the ECJ arising from proceedings brought by BT to annul the Utilities Supply and Works Contracts Regulations 1992 Sch.2 on the basis that the Regulations incorrectly transposed Council Directive 90/531 so as to exclude almost all of the contracting entities in the telecommunications sector from complying with its provisions, the High Court sought determination as to which telecommunications services were so excluded under Art.8(1) of the Directive.

Pursuant to the wrongly transposed UK legislation, only BT and the City of Hull were subject to the requirements laid down therein to notify the government about their contracts to supply services and to publish their procurement plans and contracts in the Official Journal of the European Communities…