I've seen the suggestion that the UK/EU trade agreement could be challenged by British businesses in the EU courts.
Three points.
Three points.
First, standing to sue directly in the EU courts is subject to strict rules. It is very unlikely that UK businesses challenging the TCA will have standing.
They could, however, ask a national court to ask the CJEU to rule on the validity of the EU signing/concluding the treaty.
They could, however, ask a national court to ask the CJEU to rule on the validity of the EU signing/concluding the treaty.
Second, there needs to be a substantive legal argument. This is conceivable, although the CJEU has tended to leave political discretion to the EU institutions as regards the content of trade policy.
"It's more difficult for UK businesses" is *not* a legal argument.
"It's more difficult for UK businesses" is *not* a legal argument.
Third, the remedies. If it was illegal for the EU to sign/conclude the TCA, the consequence is not to overturn Brexit or to return to the transition period.
It's that the transition period ended with no trade deal. (NB the withdrawal agreement is a separate treaty)
It's that the transition period ended with no trade deal. (NB the withdrawal agreement is a separate treaty)
It's conceivable that if the TCA were legally flawed in part, the CJEU would say the EU decision to sign/conclude it still applied for a short period, giving time to renegotiate.
Of course, the UK would have to agree to the revised version.
Of course, the UK would have to agree to the revised version.
Several responses to this thread claim that non-EU companies have *no* access to EU courts. Untrue. 
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