Notices for publication in the OJ nº T-231/20 of Tribunal General de la Unión Europea, June 05, 2020

• Resolution Date: June 05, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-231/20

Action brought on 23 April 2020 - Price v Council

(Case T-231/20)

Language of the case: French

Parties

Applicant: David Price (Le Dorat, France) (represented by: J. Fouchet, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

Stay the proceedings in the case and refer the following questions to the Court of Justice of the European Union for a preliminary ruling under the expedited procedure:

Does the withdrawal of the United Kingdom from the European Union revoke the EU citizenship of UK nationals who, prior to the end of the transition period, have exercised their right to free movement and their right to settle freely in the territory of another Member State?

If so, is the combination of Articles 2, 3, 10, 12 and 27 of the withdrawal agreement, point 6 of the preamble thereto and Articles 18, 20 and 21 of the Treaty on the Functioning of the European Union to be interpreted as allowing those UK nationals to retain, without exception, the rights of EU citizenship that they enjoyed prior to the withdrawal of their country from the European Union?

If the second question is answered in the negative, does the withdrawal agreement not infringe Articles 18, 20 and 21 of the Treaty on the Functioning of the European Union in so far as it does not contain a provision allowing them to retain those rights without exception?

In any event, does Article 127(1)(b) of the withdrawal agreement not infringe Articles 18, 20 and 21 of the Treaty on the Functioning of the European Union and Articles 39 and 40 of the Charter of Fundamental Rights of the European Union in so far as it deprives EU citizens who have exercised their right to free movement and their right to settle freely in the United Kingdom of their right to vote and to stand as candidates in municipal elections in that country and, if the General Court and the Court of Justice read those provisions in the same way as the French Conseil d’État (Council of State), does that infringement not extend to UK nationals who have exercised their right to free movement and their right to settle freely in another Member State?

Annul in part Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and the Agreement on the withdrawal of the United Kingdom of Great...