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Court of Justice says UK’s Article 50 notice of intention to leave EU can be unilaterally revoked (Wightman and Others v Secretary of State for Exiting the European Union)

Published on: 10 December 2018
Published by: LexisPSL
  • Court of Justice says UK’s Article 50 notice of intention to leave EU can be unilaterally revoked (Wightman and Others v Secretary of State for Exiting the European Union)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Public Law analysis: The issue in the case is whether a Member State that has notified the EU of its intention to withdraw from the EU under Article 50 of the Treaty on the European Union (TEU) can change its mind and unilaterally revoke that notification of intention if it chooses to remain in the EU during the period of negotiation. The full Court of Justice has said that Article 50 may be unilaterally revoked by the Member State, without having to have the consent of the other Member States. Written by Maya Lester QC, barrister at Brick Court Chambers, who acted for the petitioners (Wightman and others). or take a trial to read the full analysis.

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