ANDY WIGHTMAN, ROSS GREER, ALYN SMITH, DAVID MARTIN, CATHERINE STIHLER, JOLYON MAUGHAM, JOANNA CHERRY V. SECRETARY OF STATE FOR EXITING THE EUROPEAN UNION. Case C-621/18. Judgment, Preliminary Ruling Request

摘要

Treaty withdrawal - right of revocation of withdrawal notification - conditions of revocation - admissibility of preliminary ruling request by CJEU - Article 50 of the TEU - withdrawal of the UK from the EU. On December 10, 2018, the Court of Justice of the European Union (CJEU) sitting as a full Court, pursuant to the expedited procedure under Article 105 of its Rules of Procedure, issued a judgment in the Andy Wightman, Ross Greer, Alyn Smith, David Martin, Catherine Stihler, Jolyon Maugham, Joanna Cherry v. Secretary of State for Exiting the European Union case (hereinafter Wightman) concerning an October 3, 2018 request by the Scottish Court of Session, Inner House, First Division for a preliminary ruling under Article 267 of the Treaty for the Functioning of the European Union (TFEU) on the following question: Where, in accordance with Article 50 [of the Treaty for the European Union], a Member State has notified the European Council of its intention to withdraw from the European Union, does EU law permit that notice to be revoked unilaterally by the notifying Member State; and, if so, subject to what conditions and with what effect relative to the Member State remaining within the European Union? (Para. 16)