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;