Action by British citizens against the EU challenge the loss of their Union citizenship


In its judgment in Silver and Others v Council (Case C-499/21 P), delivered on 15 June 2023, the European Court of Justice dismissed on appeal the action for judicial review brought by British citizens who complained that the Withdrawal Agreement infringed fundamental principles of EU and international law by depriving them automatically and collectively of their Union citizenship rights.

The Court found that the loss of the status of citizen of the European Union, and consequently the loss of the rights attached to that status, is an automatic consequence of the sole sovereign decision taken by the United Kingdom to withdraw from the European Union, and not of the Withdrawal Agreement or the Council’s decision approving that agreement.

Takis Tridimas appeared as senior counsel in this case.

The judgment can be found here.