Brexit and EU Citizenship: EU Judgment in several cases versus EU Council

Thursday 15th June 2023

Judgment in Cases C-499/21 P Silver and others v Council; C-501/21 P Shindler and others v Council; C-502/21 P Price v Council

(Brexit – EU Citizenship – Law governing the institutions)

In the UK referendum held in 2016, the majority of voters opted for the UK to leave the EU. As a result, the UK notified the European Council of its intention to withdraw from the EU. Representatives of the UK and the EU then signed the Brexit agreement on 24 January 2020. The Council of the EU approved this agreement, on behalf of the EU, by decision of 30 January 2020. Finally, the United Kingdom withdrew from the EU on 31 January 2020.

In three separate actions before the General Court, British citizens resident in the UK and in various Member States unsuccessfully challenged the Brexit Agreement and the Council Decision, arguing, inter alia, that they had the effect of depriving them of the rights they had exercised and acquired as EU citizens. The General Court dismissed their actions as inadmissible.

Today’s cases concern the appeals from the Orders made by the General Court.

Background Documents C-499/21 P

Background Documents C-501/21 P

Background Documents C-502/21 P