Thread by @StevePeers

This is an interesting summary of "Brexit cases" pending before the EU courts.

A few comments 1/x

In a variety of cases, Brexit starts to reach EU court | Article [AMP] | Reuters uk.reuters.com/article/uk-bri…

2 The first case referred to (which I was unaware of 😨) is on the impact of Brexit on EU trade marks. Probably this one: curia.europa.eu/juris/document…
Not from a Spanish court, but challenging the EU agency based in Spain. (nb: normally you can't raise a new point on appeal)

3 The second case referred to is the Irish Supreme Court request to rule on whether the prospect of Brexit already messes up the execution of European Arrest Warrants issued by the UK. National judgment here: supremecourt.ie/Judgments.nsf/…

4 Although the Irish Supreme Court asked to fast track this case, I believe (no confirmation yet) that the ECJ refused.

In practice that means an average 16 month wait for a judgment (ie May 2019) instead of four months.

5 Next, the Reuters article missed an earlier Irish case. Among other things this asks the ECJ about the impact of Brexit on the EU "Dublin" rules on responsibility for asylum seekers.

6 The ECJ definitely refused to fast track this case. Decision here: curia.europa.eu/juris/document…
Here's the Brexit point - just because the UK "may" leave the EU isn't enough to justify a fast track process.

7 Next, the article mentions the Dutch case on whether UK citizens keep EU citizenship after Brexit. The decision to ask the ECJ about this was appealed, and the appeal court says it will rule on June 19th. More details here -

theguardian.com/politics/2018/…

8 Next the ECJ president finds it puzzling that the Brexit Secretary went to the ECJ to challenge UK law #asyoudo

Actually David Davis removed himself from the case when he joined cabinet (Tom Watson remained a party). Analysis of the ECJ judgment here: eulawanalysis.blogspot.co.uk/2016/12/data-r…

9 This wasn't a Brexit case as such; but its outcome may make it harder for the UK to demonstrate that its data protection laws still meet EU standards after Brexit...

10 Finally the more direct challenge to Brexit as such, which has received a lot of attention over the last few days, brought by WWII veteran Mr Harry Shindler and others.

Here's a summary of their main arguments...

11 It's not clear from recent press reports if something recently happened with this case. Anyway even if it has standing I doubt it will succeed on the merits. The franchise is up to UK constitutional requirements to decide & the Euratom & mixed agreement points are unconvincing

12 The overseas territories point is a long shot (they aren't fully part of the EU) & I would expect the court to say that it's up to the withdrawal agreement to ensure citizens' acquired rights.

But no one can be sure what courts will say & there are likely more cases to come /