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ARTICLE · 29 NOVEMBER 2018

CJEU Rejects (The Other) Brexit Case As Inadmissible

Gowling WLG
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Today everyone's focus is on the CJEU hearing taking place in the Wightman case. However, yesterday CJEU published its judgment in another Brexit challenge - Shindler and Ors v Council of the European Union.

United KingdomGovernment, Public Sector
Kieran Laird
Kieran Laird
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Today everyone's focus is on the CJEU hearing taking place in the Wightman case. However, yesterday CJEU published its judgment in another Brexit challenge - Shindler and Ors v Council of the European Union.

Under Article 50 TFEU, read together with Article 218(3), once the UK gave notification of its intention to leave the EU, the Council had to authorise the Commission to commence negotiations on the withdrawal agreement.

Mr Shindler sought to challenge that authorisation by the Council.

His case was made up of several strands, including the suggestion that the Council's decision served to endorse or ratify the UK's notification of intention to withdraw. Mr Shindler argued that the notification was flawed as it was not founded upon the votes of UK citizens who had lived outside the UK for more than 15 years and who were therefore ineligible to vote in the referendum in 2016, or to elect the MPs who passed the European Union (Notification of Withdrawal) Act

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