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ARTICLE · 14 DECEMBER 2018

Brexit: The UK May Unilaterally Back Out

Arendt & Medernach
Arendt & Medernach
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Arendt & Medernach

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In today's judgment, the Court of Justice of the European Union, sitting in full court, has followed the opinion of its Advocate General ...

European UnionGovernment, Public Sector

The Court's findings

In today's judgment, the Court of Justice of the European Union, sitting in full court, has followed the opinion of its Advocate General by recognising the UK's right to revoke its intention to leave the European Union. The Court even adopted a more liberal approach towards the conditions for and limits to the exercise of this right of revocation than that proposed by the Advocate General.  

In essence, according to the Court's ruling, a Member State may unilaterally revoke the notification of its intention to withdraw from the European Union as long as: 

–  A withdrawal agreement between the EU and that Member State has not yet entered into force;

–  Or, if no such agreement has been concluded, for as long as the two-year period from the notification of the intention to withdraw from the EU has not expired; 

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