European Court of Justice Rules U.K. Can Unilaterally Cancel Brexit (December 10, 2018) [1]
On December 10, 2018, the Full Court of the Court of Justice of the European Union ruled [3] in Wightman and Others v. Secretary of State for Exiting the European Union that the United Kingdom may unilaterally revoke its notification of intention to withdraw from the European Union. The Court stated that such a revocation would also mean that its status as a member state remains unchanged and the withdrawal procedure is closed. This possibility for unilateral revocation is open until a member state and the EU have concluded a withdrawal agreement that enters into force or until the two-year notification period from when the notice of withdrawal was issued, as well as any extension, closes. The Court noted [4] that Article 50 of the Treaty on European Union does not directly address the issue of revocation, but held that “the sovereign nature of the right of withdrawal supports the conclusion that the Member State concerned has a right to revoke the notification of its intention to withdraw from the EU.” The Court further determined that a member state’s revocation of its withdrawal notice “reflects a sovereign decision to retain its status as a Member State of the European Union, a status which is neither suspended nor altered by that notification.” The case was submitted [5] by the Scottish Court of Session and was heard under an expedited procedure to ensure that it would be delivered before the two-year deadline from the U.K.’s notice to withdraw, which will be on March 29, 2019.