1/ EU General Court, Brexit law
Court rules that the legal challenge to the decision to start negotiating the withdrawal agreement is inadmissible
Press release
Some thoughts...
Court rules that the legal challenge to the decision to start negotiating the withdrawal agreement is inadmissible
Press release
Some thoughts...
2/ This judgment can be appealed to the Court of Justice, although it would have to be fast-tracked in order to have an appeal judgment by Brexit day.
It has no direct impact on other cases pending before the courts relating to Brexit, discussed here:
It has no direct impact on other cases pending before the courts relating to Brexit, discussed here:
3/ The judgment is focussed on whether the *start of negotiations* had an impact on UK citizens, and distinguishes it from the *end of negotiations*, which, as the Court says, may take the form of a withdrawal agreement or no deal.
4/ So it might be easier to challenge a final withdrawal agreement - although there are still admissibility issues there, since the applicants would have to show 'direct concern' and an absence of implementing measures - and the WA would be implemented by UK & EU27 governments.
5/ The WA could also be challenged via EU27 national courts, which will still be a possibility for @BritishInEurope. But if there's no deal, there's no EU act to challenge (although national immigration law applied to UK citizens could be challenged as incompatible with EU law).
6/ Brexit law: full text of today's EU General Court judgment in Shindler (challenge to EU decision to negotiate the withdrawal agreement, brought by UK citizens in EU27, is inadmissible) now online in French: curia.europa.eu/juris/document…
7/ Today's Shindler judgment on challenge to EU decision to start negotiation of withdrawal agreement (challenge is inadmissible, says court) now available in English: curia.europa.eu/juris/document…
