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26 November, 2018

Court of Justice of the European Union set to hear Case C-621/18 Wightman

Ampersand’s Aidan O’Neill QC will lead the Petitioners in a full court of the Court of Justice of the European Union (“CJEU”) on 27th November 2018 in relation to the case of Case C-621/18 Wightman.

The hearing concerns an interlocutor dated 21st September 2018 of the First Division of the Inner House of the Court of Session, seeking a preliminary ruling by the CJEU on the interpretation of article 50 was necessary to enable the Court of Session to give judgment, and invited the parties to make submissions on a draft request for such a ruling. Having received and considered those submissions, in their interlocutor dated 3rd October 2018 the First Division requested the CJEU to give a ruling on the following question:

“Where, in accordance with article 50 of the Treaty on European Union, a member state has notified the European Council of its intention to withdraw from the European Union, does EU law permit that notice to be revoked unilaterally by the notifying member state; and, if so, subject to what conditions and with what effect relative to the member state remaining within the European Union?”

The CJEU has confirmed the hearing will be open to the public, but, in line with Court rules, will not be livestreamed and no transcript will be available. The hearing is scheduled for one day.

The First Division’s judgment of 21st September 2018 is available on the Scottish Courts and Tribunals Service website. The Court of Session will consider the CJEU’s advice before issuing a final ruling.

Update – following the hearing the CJEU advised that Advocate General Campos Sánchez-Bordona will deliver his opinion on 4th December 2018.

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