1/ The CJEU has scheduled a hearing *after* October 31st in a case referred from a court in the UK.
As it happens, the case is about data protection law and involves the publisher of the Daily Mail.
As it happens, the case is about data protection law and involves the publisher of the Daily Mail.
2/ Here's the Court of appeal judgment in this case: bailii.org/ew/cases/EWCA/…
And an explanation of the judgment:
mishcon.com/news/publicati…
It concerns a celeb angry with the Mail newspapers.
And an explanation of the judgment:
mishcon.com/news/publicati…
It concerns a celeb angry with the Mail newspapers.
3/ I don't think the CJEU is necessarily assuming that an extension of the UK's EU membership will be granted on Oct 31st - or that the withdrawal agreement, which maintains the Court's jurisdiction during the transition period, will be in force.
4/ It would be open to the Court to reconsider its jurisdiction in the event of the UK leaving with no deal on 31/10. The lawyers for the Mail could also argue that there's no jurisdiction. The Court of Appeal could withdraw the case. (All this applies to other UK cases too)
5/ One can imagine a shrieking headline from the Mail about this case.
But let's remember that the last time the Daily Mail was in the CJEU, its patriotic parent company was seeking to leave the country to pay less tax. //
But let's remember that the last time the Daily Mail was in the CJEU, its patriotic parent company was seeking to leave the country to pay less tax. //
6/ Just one more thing - any ruling the CJEU may make about its jurisdiction after no deal Brexit might, depending on the details, be relevant by analogy to the question of whether the UK still owes the EU money in this scenario...
