Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The Court Ruled:
‘Article 50 TEU must be interpreted as meaning that, where a Member State has notified the European Council, in accordance with that article, of its intention to withdraw from the European Union, that article allows that Member State – for as long as a withdrawal agreement concluded between that Member State and the European Union has not entered into force or, if no such agreement has been concluded, for as long as the two-year period laid down in Article 50(3) TEU, possibly extended in accordance with that paragraph, has not expired – to revoke that notification unilaterally, in an unequivocal and unconditional manner, by a notice addressed to the European Council in writing, after the Member State concerned has taken the revocation decision in accordance with its constitutional requirements. The purpose of that revocation is to confirm the EU membership of the Member State concerned under terms that are unchanged as regards its status as a Member State, and that revocation brings the withdrawal procedure to an end.’
K Lenaerts, P
C-621/18, [2018] EUECJ C-621/18, ECLI:EU:C:2018:999
Bailii
European
Citing:
Opinion – Wightman and Others v Secretary of State for Exiting the European Union ECJ 4-Dec-2018
Opinion – Unilateral withdrawal of Art 50 Notice
Opinion – Right of withdrawal from the European Union – Notification of the intention to withdraw – Withdrawal of the United Kingdom (Brexit)
Question referred for a preliminary ruling – Admissibility – Article 50 TEU – Right of withdrawal from . .
At Outer House – Wightman, MSP and Others, Reclaiming Motion By v The Advocate General SCS 20-Mar-2018
Art 50 withdrawal possibility review to proceed
Petition seeking judicial review of the United Kingdom Government’s ‘position’ on the revocability of a notice of intention to withdraw from the European Union in terms of Article 50.2 of the Treaty on European Union. . .
At SCS – Wightman MSP and Others for Judicial Review v The Secretary of State for Exiting The European Union SCS 8-Jun-2018
The Petitioners sought a declaration that the Article 50 notice given by the UK government could be withdrawn by the UK without the consent of the EU.
Held: The matter was referred to the CJEU for a preliminary answer to the question: ‘Where, . .
Cited – Unibet (London) Ltd, Unibet (International) Ltd v Justitie-kanslern (Freedom To Provide Services) ECJ 13-Mar-2007
(Grand Chamber) Principle of judicial protection National legislation not providing for a self-standing action to challenge the compatibility of a national provision with Community law Procedural autonomy Principles of equivalence and effectiveness . .
Cited – Skatteverket v Gourmet Classic Ltd ECJ 12-Jun-2008
Jurisdiction of the Court Directive 92/83/EEC Harmonisation of the structures of excise duties on alcohol and alcoholic beverages Article 20, first indent Alcohol contained in cooking wine Exemption from the harmonised duty
‘While the spirit of . .
Cited – Gauweiler And Others v Deutscher Bundestag ECJ 16-Jun-2015
ECJ Judgment – Reference for a preliminary ruling – Economic and monetary policy – Decisions of the Governing Council of the European Central Bank (ECB) on a number of technical features regarding the . .
Cited – Kadi v Council and Commission ECJ 3-Sep-2008
(Common foreign and security policy) Grand Chamber – Common foreign and security policy (CFSP) Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban United Nations Security . .
Cited – American Express v The Lords Commissioners of Her Majesty’s Treasury – C-304/16 ECJ 7-Feb-2018
Freedom of Establishment – Interchange Fees for Card-Based Payment Transactions – Judgment – Reference for a preliminary ruling – Regulation (EU) 2015/751 – Interchange fees for card-based payment transactions – Article 1(5) – Three party payment . .
Cited – Les Verts v Parliament ECJ 23-Apr-1986
(Judgment) Action for annulment – Information campaign for the elections to the European Parliament. . .
Cited – PJSC Rosneft Oil Company, Regina (on The Application of) v Her Majesty’s Treasury and Others ECJ 28-Mar-2017
ECJ (Judgment : Common Foreign and Security Policy (CFSP) – Restrictive Measures) Reference for a preliminary ruling – Common Foreign and Security Policy (CFSP) – Restrictive measures adopted in view of Russia’s . .
Cited – Regina ex parte Afton Chemical v Secretary of State for Transport ECJ 8-Jul-2010
Reference for a preliminary ruling – Validity – Directive 2009/30/EC – Article 1(8) – Directive 98/70/EC – Article 8a – Atmospheric pollution – Fuels – Use of metallic additives in fuels – Limit for methylcyclopentadienyl manganese tricarbonyl (MMT) . .
Cited – Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve ECJ 20-Sep-2001
ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC – . .
Cited – Pringle v Government of Ireland ECJ 27-Nov-2012
ECJ Stability mechanism for the Member States whose currency is the euro – Decision 2011/199/EU – Amendment of Article 136 TFEU – Validity – Article 48(6) TEU – Simplified revision procedure – ESM Treaty – . .
Cited – Inuit Tapiriit Kanatami v European Commission ECFI 25-Apr-2013
ECFI Trade in seal products – Regulation (EC) No 1007/2009 – Detailed rules for implementation – Regulation (EU) No 737/2010 – Prohibition on placing such products on the market – Exception in favour of Inuit . .
Cited – Parliament v Commission C-286/14 ECJ 17-Mar-2016
ECJ (Judgment) Action for annulment – Article 290 TFEU – Concepts of ‘amending’ and ‘supplementing’ – Regulation (EU) No 1316/2013 – Article 21(3) – Scope of the power conferred on the European Commission – Need . .
Cited – LM v Minister for Justice and Equality ECJ 25-Jul-2018
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedures between Member States – . .
Cited – Zhu, Chen v Secretary of State for the Home Department ECJ 19-Oct-2004
ECJ (Free Movement of Persons) Right of residence – Child with the nationality of one Member State but residing in another Member State – Parents nationals of a non-member country – Mother’s right to reside in . .
Cited – Rottmann v Freistaat Bayern ECJ 2-Mar-2010
ECJ Citizenship of the Union Article 17 EC – Nationality of one Member State acquired by birth – Nationality of another Member State acquired by naturalisation – Loss of original nationality by reason of that . .
Lists of cited by and citing cases may be incomplete.
Constitutional
Updated: 01 November 2021; Ref: scu.631017
