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ARTICLE · 14 DECEMBER 2018

Unilateral Revocation Of Article 50 Notification Is Possible

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On 10 December 2018, the CJEU issued a judgment, ruling that a Member State can unilaterally revoke its notice to leave the European Union under Article 50 of the Treaty on European Union.

United StatesGovernment, Public Sector
A&O Shearman
A&O Shearman
Thomas Donegan
Thomas Donegan
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On 10 December 2018, the Court of Justice of the European Union ("CJEU") issued a judgment,1 ruling that a Member State can unilaterally revoke its notice to leave the European Union under Article 50 of the Treaty on European Union. The court ruled that both a unilateral and consensual revocation are permitted. The ruling results from a reference for a preliminary ruling from the Scottish Court of Session and it follows the opinion of Advocate General Manuel Campos Sánchez-Bordona, published on 4 December 2018.2 The consent of other EU Member States (or of the Commission or the Council) is therefore unnecessary to revoke an Article 50 notification. This judgment clarifies the process that may apply if the U.K. wishes to delay, suspend or cancel the process for Brexit. The U.K. Government has restated its position that it does not intend to revoke the Brexit notice.3

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