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

E650450

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 ⓘ
chamber Full Court ⓘ
citation Case C-621/18, Wightman and Others v Secretary of State for Exiting the European Union, EU:C:2018:999 ⓘ
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 ⓘ
decisionDate 2018-12-10 ⓘ
defendant Secretary of State for Exiting the European Union ⓘ
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 ⓘ
originatingJurisdiction Court of Session, Inner House, Scotland ⓘ
partyRole United Kingdom as notifying Member State under Article 50 TEU ⓘ
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 ⓘ
Treaty on the Functioning of the European Union ⓘ
Vienna Convention on the Law of Treaties ⓘ
shortName Wightman ⓘ
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 ⓘ

How these facts were elicited

Referenced by (2)

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 ⓘ
C-621/18 Wightman and Others v Secretary of State for Exiting the European Union → citation → Case C-621/18, Wightman and Others v Secretary of State for Exiting the European Union, EU:C:2018:999 ⓘ
linked to: C-621/18 Wightman and Others v Secretary of State for Exiting the European Union