Brexit case law tracker | News

Brexit case law tracker
Case Number	Case Name	Member State	Subject of Case	Date	Summary of Decision	Notes	Useful links
C-340/17	Appeal of Alcohol Countermeasure Systems (International) Inc. against the judgment of the General Court (First Chamber) delivered on 29 March 2017 in Case T-638/15: Alcohol Countermeasure Systems (International) v EUIPO	Spain	Whether a UK earlier trademark right can permit the cancellation of an EU trademark in light of the Brexit process and article 50 of the European Union Treaty notification sent by the United Kingdom.	7 June 2017	TBC	This is an appeal against a First Chamber decision to cancel an EU trademark in light of a pre-existing UK right (see bottom link for decision).	https://eur-lex.europa.eu/legal-content/en/TXT/PDF/?uri=uriserv%3AOJ.C_.2017.347.01.0003.01.ENG https://eur-lex.europa.eu/legal-content/en/TXT/PDF/?uri=uriserv%3AOJ.C_.2017.151.01.0033.01.ENG
T-458/17	Shindler and Others v Council	Italy	Annulment of Council Decision of 22 May 2017 to open negotiations with the United Kingdom to withdraw from the EU on the bases of illegality, legal certainty, legitimate expectations, principles of equality and alleged infringement of Article 203 TFEU (based primarily around lack of voting rights for citizens in other EU countries).	21 July 2017	TBC		https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1537265050790&uri=CELEX:62017TN0458
C-661/17	M.A and Others v The International Protection Appeals Tribunal, The Minister for Justice and Equality, Attorney General, Ireland	Ireland	When dealing with a transfer of a protection applicant under regulation 604/2013 to the UK, is a national decision-maker in considering any issues arising in relation to the discretion under art. 17 of the Dublin III Regulation, required to disregard circumstances present at the time in relation to the UK’s withdrawal from the EU?	27 November 2017	TBC	This has been approved for expedition.	https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1537265178165&uri=CELEX:62017CN0661 http://curia.europa.eu/juris/document/document.jsf?text=&docid=199004&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=926656 http://curia.europa.eu/juris/document/document.jsf?text=&docid=198182&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1
[2018] IESC 3 (not reached CJEU yet)	Minister for Justice and Equality v O’Connor	Ireland	The Irish Supreme Court has refused to extradite an EU citizen to the UK, requested under an EAW, on the grounds that the UK will have left the EU by the time he finishes his prison sentence. The requested person had argued that his rights as an EU citizen, surrendered to another EU jurisdiction on the basis of an EAW, would no longer be capable of being enforced post-Brexit under European law. The matter has been referred to the CJEU for decision.	2 January 2018	TBC – adjourned w/c 8 October – not shown risk to rights.	The government has made much of how the Charter of Fundamental Rights will no longer apply to the UK post-Brexit, but there is a decision of the CJEU – Petruhhin, Case C‑182/15 (see bottom link) – which makes it clear that, when deciding whether to extradite an EU national to a third party state, the provisions of the charter apply. So we will continue to be judged against its provisions, whether we are party to it or not. This has not been fast-tracked as O’Connor was not in police custody. See C-327/18 below for decision on similar issues.	https://www.irishtimes.com/news/crime-and-law/courts/supreme-court/supreme-court-to-finalise-brexit-questions-for-european-court-of-justice-1.3391099 http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/ e1e1f8b6b0a3d6cc8025822700406ee8?OpenDocument http://curia.europa.eu/juris/document/document.jsf?text=&docid=183097&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=329513 https://www.irishtimes.com/news/crime-and-law/courts/high-court/court-says-man-facing-extradition-has-not-shown-risk-to-rights-1.3657110
C-327/18	Minister for Justice and Equality v R.O	Ireland	Whether an EAW should still be fulfilled in light of the UK’s impending withdrawal from the EU.	7 August 2018 (Opinion) 19 September 2018 (Judgment)	The execution of an EAW from the UK should go ahead just as it would if the UK had not, pursuant to Article 50 TEU, notified the European Council of its intention to leave the EU.		https://www.lexology.com/library/detail.aspx?g=1a6fdafd-45c9-4497-8b51-b2f06cef3979 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62018CC0327 https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1537351678647&uri=CELEX:62018CJ0327
N/A	Stephen Huyton	Netherlands	Whether Brexit means that British nationals will automatically lose their EU citizenship and its accompanying rights – and if not, what conditions or limitations will apply to those rights post-Brexit.	N/A	Amsterdam Court of Appeal refused reference to CJEU- although the interpretation of Article 20 was unclear and that there should be a referral to the CJEU, it was necessary to wait until the Brexit negotiations have concluded before making the referral.	Did not reach CJEU but could have serious implications for expats, and raises the idea that other Brexit legal challenges could be delayed until next year, so should be noted.	https://www.gazetteandherald.co.uk/news/national/15950910.Brexit__Expats____rights_case_goes_to_European_Court_of_Justice/ https://www.dw.com/en/dutch-judges-dismiss-uk-expats-post-brexit-rights-case/a-44291758 https://www.bureaubrandeis.com/brits-remain-in-limbo-about-eu-citizenship-post-brexit/?lang=en
N/A (this has just been referred to the CJEU)	Andy Wightman MSP v Secretary of State for Exiting the European Union	Scotland	Clarification on whether and how the UK’s notification to leave the EU under article 50 of the Treaty on the Functioning of the European Union (TFEU) could be “unilaterally revoked” before the two-year “Brexit” deadline on 29 March 2019, with the effect that the UK would remain in the EU.	21 September 2018 (referred to CJEU)	This has just been referred to the CJEU		http://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2018csih62.pdf?sfvrsn=0 https://www.scottishlegal.com/article/court-of-session-rules-brexit-revocation-question-can-be-referred-to-european-court-of-justice
CA 119/17 (Polish Judgment)	MS v District Court Suwalki	Poland	Appeal regarding the decision not to compel a minor to return to the UK as their place of habitual residence under the Convention of the Civil Aspects of International Child Abduction 1980.	24 April 2017	One of the reasons for not returning the minor to the UK was the mother’s uncertain future in the country as a consequence of Brexit.	This hasn’t reached the CJEU but it is interest to note nonetheless.