Brexit position paper on pending ECJ cases published

Released 13 July 2017

The Department for Exiting the European Union has published position papers outlining how the UK will negotiate on important issues related to Brexit.

The documents lay out the UK’s approach to issues related to its withdrawal from the EU including a policy paper on ongoing Union judicial and administrative proceedings.

The policy paper notes that there will likely be a small number of cases which are pending at the European Court of Justice (ECJ) on the date the UK leaves that involve the UK as a party, or originated as preliminary references from the UK’s domestic courts — meaning they refer questions of interpretation, application or validity of EU law to the ECJ.

The UK’s position is that the ECJ should not be allowed to rule on UK cases which were not before the court on the day the UK leaves the EU. This would apply even where the facts of the case occurred before withdrawal. The UK’s approach reflects that we are leaving the EU and the jurisdiction of the ECJ will end — and that as much certainty as possible will be given to those who find their cases before the court at the point of withdrawal.

Each of the papers will be presented to the European Commission for discussion next week.

View the policy paper Ongoing Union judicial and administrative proceedings - position paper.

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