Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
Check out our straightforward definitions of common legal terms.
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Access our unrivalled global news content, business information and analytics solutions
Insurance, risk and compliance intelligence using big data, proprietary linking and advanced analytics.
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
The European Commission is said to be considering next steps having received no reply from the UK to its letter of formal notice for breach of the Withdrawal Agreement. The Commission sent the letter of formal notice to the UK on 1 October 2020, after the UK government failed to address the EU’s concerns over the United Kingdom Internal Market Bill, which continues to progress through Parliament. The UK was given a month to submit its observations in response to the letter of formal notice. The Commission has since reported that no response was received in that timeframe. Laura Rees-Evans, senior associate at Fietta LLP, comments on the latest development.
The Commission’s statement on the notice sets out the next steps as follows: ‘The UK has until the end of this month to submit its observations to the letter of formal notice. After examining these observations, or if no observations have been submitted, the Commission may, if appropriate, decide to issue a Reasoned Opinion.’
Rees-Evans comments on the next steps, noting that this is not the only infringement action pending against the UK:
‘The “reasoned opinion” is the next step in any “infringement proceeding”, issued if the Commission concludes that a Member State (or, in this case, the UK) has failed to fulfil its obligations under EU law. In essence, it is a formal request to comply with those obligations.
The Commission issued a reasoned opinion to the UK just last week, in another infringement proceeding commenced since the UK’s departure from the EU—that relating to the absence of action by the UK to terminate its intra-EU bilateral investment treaties. In that case, the Commission has threatened legal action before the Court of Justice of the European Union (CJEU) if the UK does not take action within the next two months.
The infringement proceeding regarding the UK Internal Market Bill is, however, distinct and unique among the (many) pending proceedings the Commission has commenced against the UK since the UK’s departure from the EU, in that it concerns exclusively the UK’s alleged “non-compliance with obligations under the Withdrawal Agreement”, specifically Article 5. That implicates the dispute resolution provisions of the Withdrawal Agreement, as I discuss in further detail in a Future of Law blog post (here).’
For background reading and analysis on the dispute, and what this means in practice, see: Brexit Bulletin—EU sends formal notice to UK for Withdrawal Agreement breach, LNB News 01/10/2020 121. For further reading on the reasoned opinion on intra-EU bilateral investment treaties, see: European Commission issues reasoned opinion to UK for failure to terminate intra-EU BITs.
Meanwhile, negotiations on key transition workstreams continue, including intensified talks on the future UK-EU relationship and implementation of the Withdrawal Agreement. The UK Internal Market Bill continues line-by-line examination in a Committee of the House of Lords. Earlier in its passage in the Lords, a majority of Peers approved a motion of regret at the Second Reading of the Bill, stating ‘that this House regrets that Part 5 of the Bill contains provisions which, if enacted, would undermine the rule of law and damage the reputation of the United Kingdom’. See: Brexit Bulletin—Lords approve regret motion at Second Reading of UK Internal Market Bill, LNB News 20/10/2020 91.
For Bill Tracker updates on the UK Internal Market Bill, see: LNB News 10/09/2020 3.
Source: Withdrawal Agreement: European Commission sends letter of formal notice to the United Kingdom for breach of its obligations
For further detail, see: LNB News 03/11/2020 98.
Free trials are only available to individuals based in the UK
* denotes a required field
0330 161 1234