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A brief thread on Article 17 of the Treaty on European Union. eur-lex.europa.eu/legal-content/…
It deals with appointing the Commission. And has become newsworthy because of rumours that Johnson is going to secure Brexit on 31/10 by refusing to appoint a Commissioner.
TLDR: this is a canard.
There are two key points. First, look at the first part of Art 17(5), dealing with the composition of the Commission after 1/11/14. That sets the number of commissioners at 2/3 of the number of Member States BUT allows for a unanimous Council Decision setting a different rule.
There is such a Council Decision. It’s here. eur-lex.europa.eu/legal-content/…
Article 1 sets the number of Commissioners as equal to the number of Member States. (The Decision records that this was promised to Ireland in the course of ratification of the Lisbon Treaty.)
So that is the rule. No requirement for there to be a U.K. national as Commissioner.
Second, how is the Commission chosen? Go back to Article 17(3): they must be competent, have European commitment, and independence beyond doubt. So that rules out hard Brexiters (on the second count, though one or two of the other counts might well also apply).
Then go to the second bit of Article 17(3). 
The appointment is made by the Council, in consultation with the President elect (von der Leyen) on the basis of suggestions made by Member States. (The European Parliament also has to approve them.)
It is not obvious a Member State who refuses to make a suggestion is in breach of any obligation at all. It is just damaging its own interests by not suggesting one of its own nationals to serve on the Commission.
It certainly doesn’t get anywhere near even starting the Article 7 process - the only process for suspending (not even ending) the membership of a badly behaved State.
And nor does failure by one Member State cause any real problem for the Council. They just choose who they want to fill the 28th seat. A senior U.K. Commission official? A distinguished Spaniard? Up to them.
So, as negotiating strategies go, refusing to appoint a Commissioner is as effective as throwing toys out of your pram. Might make you feel better. But you haven’t achieved your aim. And you have lost your toy.
NB @piris_jc’s view is that the U.K. would be in breach of an obligation. His expertise in this area is unrivalled. But as he says, even if that’s right, it can be worked round and doesn’t result in the end of U.K. membership of the EU.
