APPLICATION DES GAZ S.A. v. FALKS VERITAS LTD.

[1974] 2 Lloyd's Rep. 493

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Stamp and Lord Justice Roskill

Pleading - Claim for injunction - Effect of new legislation - Legislation enacted after close of pleadings - Question whether injunction should be granted to be determined by reference to law at date of trial - New legislation giving effect to law of European Economic Community - Action for infringement of copyright - Leave to amend defence - Allegation that injunction would assist plaintiff to abuse dominant position and to restrict competition in breach of community laws - Whether leave to amend should be given. European Economic Community - Implementation of treaty in United Kingdom - Rights etc. created by provisions of treaty - Rights created by provisions of treaty enforceable in English Courts - European Communities Act, 1972, s. 2(1).