Scottish Court Says Court Of Justice Of The European Union Should Rule On Whether Brexit Notification Can Be Revoked

On September 21, 2018, the Court of Session delivered an Opinion allowing a reference to be made to the Court of Justice of the European Union for a preliminary ruling on whether the U.K. can unilaterally revoke its notice of withdrawal from the EU—Wightman v Secretary of State for Exiting the European Union [2018] CSIH 62 (21 September 2018).

Under Article 50 of the Treaty on European Union, the United Kingdom gave notice to the EU Council on March 29, 2017 that it would leave the EU. The notification means that unless an agreement is reached between the U.K. and the EU, and absent any agreement to extend the two-year period, the U.K. will exit the EU on March 29, 2019.

The European Union (Withdrawal) Act 2018 provides that parliamentary approval...