quick job selector
display quick job selector
Practice Area

CJEU Ruling on Article 50: Revealed today

10th December 2018

The CJEU today passed down their ruling on whether the UK could unilaterally revoke Article 50.
It was one of the fastest court decisions in EU history.

It was the European Council and European Commission who were against giving member states this option without the consent of the other member states. They stressed their fear of member states abusing Article 50.

The court concluded that the UK are unilaterally able to stop the Brexit process without needing the approval from the other member states. This ruling is in line with the judgement given from the Advocate General last week. The court highlighted that it would be inconsistent with the EU treaties’ purpose of creating an ever closer union among the peoples of Europe to force the withdrawal of a member state”.

The judgement comes just a day before the Commons vote on May's Brexit deal. Its legal significance is tremendous as it poses an alternative option to a no-deal Brexit.

The court stressed that the UK could revoke its offer right until a withdrawal agreement has been concluded. This means that if the two-year period is extended, this option will remain available.

However, it was emphasised that any revocation must come following a democratic process.

The UK government however has vocally discussed their opinion on the case, stating that it does not change their policy towards Article 50 and Brexit.

A UK government spokesperson: the British people gave a clear instruction to leave, and we are delivering on that instruction.”