Brexpats take case to CJEU

Brexpats – Hear our Voice, a British in Europe coalition partner, have been part of a successful campaign in the Netherlands led by Jolyon Maugham QC.

Read the background to the case here.

Read the today’s Guardian article here.

The questions will now go before the CJEU to clarify whether EU citizenship can indeed be withdrawn from British citizens.



CJEU will need to rule quickly on landmark case of British nationals in the Netherlands their EU citizenship rights

A court in Amsterdam has decided to refer questions to the Court of Justice of the EU in the case of 5 British nationals in the Netherlands after they brought a landmark legal case which had argued that their existing EU citizenship rights could not be removed following the UK referendum to leave the EU. The judge ruled on Wednesday that questions should be referred.

Reacting to the ruling Jane Golding, Chair of British in Europe said:

‘We are delighted that the Dutch court has decided to refer this case to Luxembourg. The applicants have raised fundamental questions about the nature of their EU citizenship and the circumstances in which such essential rights can be taken away. The CJEU has played a key role in clarifying the scope of EU citizenship and it is appropriate that it should be asked to identify when those rights end. We now need some clear questions from the court in Amsterdam as well as a quick hearing and decision in Luxembourg. It is also clear that the EU and UK cannot finalise and sign off the final text on citizens’ rights in the withdrawal agreement  until the CJEU has given its ruling and we would ask them to respect the role of the CJEU in this process.’

For more information or to arrange an interview with a spokesperson please contact

Laura Shields

4 thoughts on “Brexpats take case to CJEU”

  1. Of the 18 years I have lived in France, eleven of them were spent fighting a legal battle with the UK government over its unlawful supersession of UK invalidity payments to my very disabled, late husband. Shortly following his death, I found myself time-disenfranchised from voting in the Referendum, which resulted in a disastrous loss of UK pension income. I don’t know if my health will hold-up while yet more insecurity and potentially worse poverty results in even more uncertainty and stress. What feels like an ongoing battle for a quiet and modest retirement after decades of working in the UK has sapped the last of my reserves of hope and optimism – I hadn’t foreseen nearly two decades of the UK government’s punishment for simply exercising my EU rights. My thanks to everyone in BIE making efforts to secure us all – as I know from my own battles, it won’t be easy.

    1. So sorry to hear of your troubles – we are fighting very hard as we know the impact it is having on so many.

  2. We (UK citizens resident across continental EU) are pawns whose concerns are of minuscule importance to either the Brussels high-mafia or Downing St. The tags applied to Mr Juncker and Mr Barnier – ‘jumped up’ and ‘bully-boy’ respectively – so perfectly reflect their imperiousness. Were it not for the huge significance of the issues at stake the ongoing performances from Brussels appear more comic opera than the behaviour of elected statesmen. Of course, they are neither elected nor accountable which must help explain the cloak of arrogance that personifies high-office office holders throughout the EU. Match that with the ‘cat chasing its tail’ shambles that goes by the name of ‘government’ from No 10 and the expectation of just, competent, grown-up ‘executive’ decision-making is the game for fools. Tuck into that scenario a parliament riven by bitter partisan rivalry on the government side, and a House of Lords hell bent on reversing Brexit, and democracy suddenly turns into mobocracy. Feed into that an opposition so far left-field that were Chairman Mao, Hugo Chavez or Fidel Castro alive they would feel right at home in the mother of parliaments. I’m afraid it’s ‘hell in a handcart’ time (or if you refer we brits abroad are between a rock and a hard place). So don’t hold your hopes up for justice, fair play and common sense delivering us into the sunlit uplands wherein we may find calm and continuity.

    1. Whilst I empathise about your ‘UK citizen resident in the European mainland post EU Referendum’ situation, what on earth is “Chairman Mao, Hugo Chavez or Fidel Castro” about the last Labour Manifesto? Unnecessarily partisan. Criticise their policy on Brexit by all means, otherwise please stick to truth. Your “‘cat chasing its tail'” of the current government is fact and apt. Brought together around the common cause of stopping / mitigating the effects of Brexit, we are a broad coalition from across the political spectrum. So we should avoid offending fellow BIE members. The issue of Brexit crosses all parties and groups; we may find ourselves working with people with whom we would otherwise have little in common in order to cancel Article 50 and / or protect our rights within Europe. This requires restraint and a different approach to politics than we are used to. Thanks.

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