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ARTICLE · 14 DECEMBER 2018

ECJ Decision On Exit From Brexit

Squire Patton Boggs LLP
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The ECJ rendered today, 10 December 2018

European UnionGovernment, Public Sector
Jens Rinze
Jens Rinze

The ECJ rendered today, 10 December 2018, its judgement in case C 621/18 Wightman in relation to the question whether the UK can unilaterally withdraw its Brexit notice of 29 March 2017.

There are three key take aways from that judgement:

1. The UK can unilaterally withdraw the Brexit notice prior to (i) the coming into force of the Withdrawal Agreement, or, if there is no Withdrawal Agreement concluded between the EU27 and the UK, (ii) prior to 30 March 2019, or, if there is an extension of the two year sunset period, (iii) prior to the end of such extension of the sunset period. The timing for a declaration for an Exit from Brexit is now clear; it had not yet been clear in the Advocate General Opinion of 4 December 2018.

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