Thread by @tconnellyRTE

It looks like the European Commission will take legal action against the UK for it's unilateral move the NI Protocol.

So what are the options?

2/ The Commission could take a straightforward infringement procedure, as they did when the UK introduced the Internal Market Bill last September. This would mean a formal letter of notice, several weeks for the UK to reply, and it could end up in the ECJ, with fines etc

3/ How cd the UK be taken to the ECJ if they are out of the EU? Because the Protocol permits it. Article 12(4) spells out that when applying Articles 5 + 7-10 of the Protocol the "Court of Justice of the EU shall have the jurisdiction provided for in the Treaties in this
respect"

4/ Alternatively, the EU can use the dispute settlement mechanism in the Withdrawal Agreement.

How would that work? If the issue of the UK not complying with the Protocol goes to arbitration, and the case is found against the UK, the UK would have to abide by the arbitration

5/ If the UK does not abide by arbitration then the EU can suspend some of its obligations under the free trade agreement, the TCA. If things gets that far, then the EU can impose tariffs on UK goods

6/ It's fair to say the legal action would be supported by member states and the European Parliament. It reflects the strength of feeling about the UK move. Luxembourg MEP @CHansenEU, on the EP trade committee, is saying the Parliament shd postpone ratifying the TCA

7/ @MarosSefcovic will be updating member states (EU ambassadors) and then the European Parliament on the Commission's response

8/ Correction: @MarosSefcovic will be briefing member states via the Working Party (Brexit coordinators from EU27) and not Coreper