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S.P.U.C. Ireland Ltd. v. Grogan [19 December 1989].



In Ireland the plaintiff right-to-life organization sought an interlocutory injunction to prevent the defendants from distributing a welfare guide that contained information on the availability of abortions. After the Supreme Court reversed a High Court judgment that the plaintiff had no standing to bring the suit, the plaintiff returned to the High Court for further action. The High Court, however, again refused to grant the injunction. Instead, it deferred a decision on the suit and referred to the European Court of Justice the issue raised by the defendants that they had a right under European Community law to impart information on the availability of abortions in other European Community countries. Upon appeal of this decision, the Supreme Court granted the injunction. It ruled that the defendants were in clear violation of Article 40.3.3 of the Constitution, which guarantees the right to life of the unborn and that the courts were obligated to protect this right.

[Indexed for MEDLINE]

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