Category: Withdrawal Agreement

09/11/202308/11/2023

Charting old territory: the role of the Charter in the interpretation of the Withdrawal Agreement

The Court of Appeal has handed down judgment in SSWP v AT [2023] EWCA Civ 1307. In it, it has confirmed that the Charter of Fundamental Rights of the European Union (“the Charter”) applies to the interpretation of the Withdrawal Agreement (“the WA”), a decision with far-reaching consequences for the millions of individuals exercising rights of residence under the WA. In this blog post, Clíodhna Kelleher of Monckton Chambers discusses the judgment.

05/10/202305/10/2023

The long tail of the CJEU’s penal powers to fine the UK post Brexit

In this blog post, Hugh Whelan of Monckton Chambers discusses the recent case of Case C-692/20 Commission v UK (Fiscal marking of gas oil) (ECLI:EU:C:2023:707)(“Fiscal marking of gas oil”) in which the Court of Justice ordered the UK to pay a penalty of €32 million for having failed to implement necessary measures to comply with EU law before the relevant deadline.

05/09/202319/09/2023

The CAT goes astray on accrued EU law rights

In this post, Jack Williams of Monckton Chambers discusses aspects of the Competition Appeal Tribunal’s (“CAT”) decision in Umbrella Interchange Fee Claimants and Merricks v Umbrella Interchange Fee Defendants and Mastercard [2023] CAT 49 (“Interchange”) concerning whether the CAT was bound to follow the European Court of Justice’s (“CJEU”) decision in C-267/20 Volvo AB and DAF Trucks NV v RM EU:C:2022:494 (“Volvo”), which post-dated IP completion day.

15/05/202314/05/2023

The EEA EFTA Separation Agreement and citizens’ rights

In this post Clíodhna Kelleher of Monckton Chambers discusses the EEA EFTA Separation Agreement, freedom of movement law in the EEA, and how the citizens’ rights provisions in the EEA EFTA Separation Agreement conform to and diverge from the equivalent provisions of the UK-EU Withdrawal Agreement.

02/02/202202/02/2022

CJEU judgment on the competence of the EU to enter withdrawal and future relationship agreements

In this blog post, Clíodhna Kelleher of Monckton Chambers discusses the case of C-479/21 PPU Governor of Cloverhill Prison and ors , in which the CJEU discusses the interpretation of the Trade and Cooperation Agreement and the European Arrest Warrant provisions in the Withdrawal Agreement.