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

[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

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

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.