by the House of Lords in Factortame. In that case, the Merchant Shipping Act 1988 had arguably impliedly repealed Section 2(2) of the 1972 Act by authorising a discrimination contrary to Community law, but the Law Lords did not regard the 1988 Act as having had that effect. Having outlined the constitutional framework, Laws proceeded to apply it to establish the nature of the relationship between EU and English law. In his judgment, the correct analysis of this relationship requires four propositions: Specific rights and obligations created by EU law are by virtue of the European Communities Act incorporated into national law and rank supreme over national law. Where there is an inconsistency between an EU law right or obligation and national law, the latter must be modified or abrogated, even where it is contained in an Act of Parliament. The European Communities Act is a constitutional statute and, as such, cannot be impliedly repealed. The category of constitutional statutes is derived from English law and not EU law. The legal basis of the United Kingdom's relationship with the EU rests on national law provisions and not EU law. Where an EU measure was seen to be contrary to a fundamental or constitutional right guaranteed by English law, there would be a question as to whether the European Communities Act was sufficient to incorporate the measure into national law. Attempts to appeal further The Appellants sought permission to appeal to the House of Lords, a certificate having been granted by the Divisional Court that the case raised an issue of general application and public importance, but leave to appeal was refused by the House of Lords after an oral hearing on grounds that they did not consider that the appeal would "give rise to points capable of reasonable argument". After the House of Lords rejected the application for permission to appeal, the Appeal sought to petition the European Court of Human Rights on the grounds that the judgment in the House of Lords was a breach of Article 6 of the European Convention on Human Rights (fair trial). On 12 February 2004, a committee of three ECHR judges unanimously ruled that the application was inadmissible. The reason for their ruling was: Aftermath In the event, because of later changes in EU and UK legislation, it continued to be lawful for traders to use imperial measures as "supplementary indications" alongside the