C-621/18 Wightman and Others v Secretary of State for Exiting the European Union

E650450

Court of Justice of the European Union judgment landmark EU law case preliminary ruling procedure case

C-621/18 Wightman and Others v Secretary of State for Exiting the European Union is a landmark Court of Justice of the European Union judgment that clarified that a Member State may unilaterally revoke its notification to withdraw from the EU under Article 50 TEU, provided the revocation is unequivocal and follows constitutional requirements.

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Statements (48)

Predicate	Object
instanceOf	Court of Justice of the European Union judgment ⓘ landmark EU law case ⓘ preliminary ruling procedure case ⓘ
applicants	Andy Wightman and Others ⓘ
areaOfLaw	EU constitutional law ⓘ EU institutional law ⓘ
caseNumber	C-621/18 NERFINISHED ⓘ
chamber	Full Court NERFINISHED ⓘ
citation	Case C-621/18, Wightman and Others v Secretary of State for Exiting the European Union, EU:C:2018:999 NERFINISHED ⓘ
clarifiedConcept	nature of Article 50 TEU notification ⓘ reversibility of the decision to withdraw from the EU ⓘ rights of a Member State during withdrawal process ⓘ
conditionForRevocation	revocation must be decided in accordance with the Member State’s constitutional requirements ⓘ revocation must be notified in writing to the European Council ⓘ revocation must be unequivocal and unconditional ⓘ
context	Brexit ⓘ United Kingdom’s notification under Article 50 TEU on 29 March 2017 ⓘ
court	Court of Justice of the European Union NERFINISHED ⓘ
decisionDate	2018-12-10 ⓘ
defendant	Secretary of State for Exiting the European Union NERFINISHED ⓘ
ECLI	ECLI:EU:C:2018:999 ⓘ
effect	confirmed that a valid revocation results in the Member State remaining in the EU on unchanged terms ⓘ influenced constitutional and political debates in the United Kingdom ⓘ
importance	clarified legal options available to the UK Parliament during Brexit process ⓘ established that revocation does not require consent of other Member States ⓘ
interpretationMethod	reference to Vienna Convention on the Law of Treaties ⓘ systematic interpretation of EU Treaties ⓘ teleological interpretation of Article 50 TEU ⓘ
keyHolding	A Member State may unilaterally revoke its notification of intention to withdraw from the EU under Article 50 TEU ⓘ
languageOfProceedings	English ⓘ
legalBasis	Article 267 TFEU ⓘ Article 50 TEU ⓘ
memberStateConcerned	United Kingdom NERFINISHED ⓘ
originatingJurisdiction	Court of Session, Inner House, Scotland NERFINISHED ⓘ
partyRole	United Kingdom as notifying Member State under Article 50 TEU NERFINISHED ⓘ
principleInvoked	principle of sincere cooperation ⓘ right of a Member State to remain in the European Union ⓘ sovereignty of Member States to determine whether to withdraw from the EU ⓘ
procedureType	preliminary reference under Article 267 TFEU ⓘ
questionReferred	whether a Member State can unilaterally revoke its Article 50 TEU notification ⓘ
relatedInstrument	Treaty on European Union NERFINISHED ⓘ Treaty on the Functioning of the European Union NERFINISHED ⓘ Vienna Convention on the Law of Treaties NERFINISHED ⓘ
shortName	Wightman NERFINISHED ⓘ
subjectMatter	revocation of Article 50 TEU notification ⓘ withdrawal of a Member State from the European Union ⓘ
temporalScope	revocation possible as long as the two-year period in Article 50(3) TEU, as extended, has not expired ⓘ revocation possible as long as withdrawal agreement has not entered into force ⓘ

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Article 50 TEU → interpretedInCase → C-621/18 Wightman and Others v Secretary of State for Exiting the European Union ⓘ