2018/18 Preliminary questions to ECJ about Brexit implications for UK citizens? (NL)
Recently, the Court of Amsterdam decided to ask preliminary questions to the ECJ about EU citizens’ rights of British nationals, anticipating Brexit. However, two weeks later, it allowed an appeal against this decision. It is therefore unclear if and when these questions will be asked.
Note: just before this case report was sent to the printer, in a new decision, the Court of Appeal held that preliminary questions cannot be asked, as the claims cannot be accepted. The judgment of the Court of Appeal will be discussed in a forthcoming issue. Meanwhile, the judgment of the Court of Appeal (in Dutch) can be found on http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:GHAMS:2018:2009.
Rechtbank sector kanton Amsterdam (Lower Court), 2018-02-14