Article 50 challenge in the Irish court abandoned

Posted in UK and EU legal framework

A claim brought in the Irish High Court to determine whether the Article 50 process can be reversed has been abandoned.

The claim, which was brought against the Irish Government, the European Commission and the Council of Ministers, sought, amongst other things, clarification as to whether an Article 50 notice can be revoked.  It was understood that the claimants had hoped that the question, which was studiously avoided in the Article 50 proceedings before the English courts, might be referred to the European Court of Justice in Luxembourg (CJEU) as a matter of European law.

It has been reported that, in view of the Irish Government signalling its opposition to any referral to the CJEU, there would have been considerable delays and the CJEU might not have been able to rule on the question before the UK left the EU.

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