Brits in Amsterdam win case – EU citizenship to be referred to European court

In a case brought by a group of United Kingdom nationals living in Amsterdam, The Netherlands, asked a local court in 2018 to refer to the European Court of Justice (ECJ) a case they had brought relating to European citizenship after Brexit.

In the ruling given on the 7 February 2018 the presiding judge, Floris Bakels, said he would ask the ECJ to clarify what the consequences of a Brexit would be for EU citizenship and the rights which EU citizenship brought. Would Brexit mean that EU citizenship was automatically reversed or would UK citizens in The Netherlands retain these rights and, if so, under which circumstances?

Subsequently, the Dutch State queried the judgment and decided to appeal the ruling. In June 2018 it was announced that the appeal court had decided not to refer the case to the ECJ, primarily on procedural grounds.

• Primary Source

The Guardian, 01.03.18: [Opinion]: Our rights to EU citizenship are worth fighting for – despite Brexit https://www.theguardian.com/commentisfree/2018/mar/01/eu-citizenship-brexit-ecj-netherlands

Dutch News.nl, 06.03.18: Dutch state appeals against Brexit ruling, crowdfunding campaign hits target http://www.dutchnews.nl/news/archives/2018/03/dutch-state-appeals-against-brexit-ruling-crowdfunding-campaign-hits-target/

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

EU Law Analysis: Blog: 09.12.17: The Beginning of the End? Citizens’ rights in the Brexit ‘Sufficient Progress’ deal http://www.europeansources.info/record/the-beginning-of-the-end-citizens-rights-in-the-brexit-sufficient-progress-deal/

The Local.es, 08.02.18: 'This brings us hope': What the Brexit court ruling means for Brits in Spain https://www.thelocal.es/20180208/this-brings-us-hope-what-the-brexit-court-ruling-means-for-brits-in-spain

BBC News, 17.01.18: Brexit: Britons take EU rights bid to Dutch court http://www.bbc.co.uk/news/world-europe-42707383

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The Guardian, 17.01.18: Britons tell Dutch court their EU rights cannot be removed https://www.theguardian.com/politics/2018/jan/17/britons-dutch-court-eu-rights-cannot-be-removed

Politics.co.uk, 05.03.1: Discarded by Brussels & Westminster: Brits in Europe left stranded in Brexit talks http://www.politics.co.uk/comment-analysis/2018/03/05/discarded-by-brussels-westminster-brits-in-europe-left-stran

Facebook: Brexpats - Hear our Voice https://www.facebook.com/BrexpatsHOV/

The Guardian, 27.03.18: Britons in Europe 'entirely in the dark' over post-Brexit status https://www.theguardian.com/uk-news/2018/mar/27/britons-in-europe-entirely-in-the-dark-over-post-brexit-status

UK: GOV.UK: FCO: Guidance. Living in the Netherlands https://www.gov.uk/guidance/living-in-the-netherlands

Dutch News.nl, 19.06.18: Appeal judges reject British EU citizenship claim, won’t refer to EU court https://www.dutchnews.nl/news/2018/06/appeal-judges-reject-british-eu-citizenship-claim-wont-refer-to-eu-court/

EU Law Analysis: Blog, 28.03.18: UK nationals and EU citizenship: References to the European Court of Justice and the February 2018 decisions of the District Court, Amsterdam http://eulawanalysis.blogspot.co.uk/2018/03/uk-nationals-and-eu-citizenship.html

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