EU takes legal action against Britain over breach of Brexit treaty

UK is put on formal notice after flouting parts of the divorce agreement, breaking international law.

European Commission President Ursula von der Leyen announced legal action against Britain. Picture: AFP

The European Union began legal action yesterday (Thursday) against Britain for breaches of the Brexit withdrawal treaty’s clauses on Northern Ireland.

Ursula von der Leyen, the European Commission president, said that the EU had “invited our British friends” to withdraw elements of the internal market bill by the end of September.

“This draft bill is by its very nature a breach of the obligation of good faith, laid down in the withdrawal agreement,” she said. “The problematic provisions have not been removed. This is the first step in a legal procedure.”

Mark Rutte, the Dutch prime minister, played down the decision as “more administrative than political” and emphasised that it would not stop trade, fishing and security negotiations that continued in Brussels yesterday (Thursday).

“We are making a little bit too much out of it. I believe this is a logical, administrative next step given the fact that this particular law has now passed stages in the UK parliament,” he said. “I don’t think it will influence, to any large extent, the negotiations with London at the moment.”

The commission’s “letter of formal notice” begins a standard legal procedure to bring a case under the “good faith” clause of the Brexit withdrawal treaty that was ratified this year.

“This marks the beginning of a formal infringement process against the UK. It has one month to reply to today’s letter,” the commission statement said.

The government has defended the bill as a “legal safety net to protect the integrity of the UK” in the event of a no-deal in trade negotiations. A government spokesman said: “We will respond to the letter in due course.”

Legal action could last into 2023 as the infringement procedure can take 35 months. Picture: AFP

Many European governments, including Ireland, remain optimistic that agreement will be reached.

“I still think there will be a deal,” Leo Varadkar, the Irish deputy prime minister, said. “It will be no quotas, no tariffs, some form of minimum standards and control on state aid and fishing. I think that is still achievable.”

Michael Gove, the Cabinet Office Minister, said that negotiations had made progress “in a huge number of areas” with a “few sticking points” to be resolved. “With goodwill on both sides, we can achieve resolution,” he said.

A senior government source suggested last night (Thursday) that the talks had gone better than expected but cautioned that there was “still some way to go”.

EU leaders will be briefed by Mrs Von der Leyen and Micheal Martin, the Irish prime minister, at a summit today (Friday).

The commission regards the internal market bill as a “clear and substantive … breach of obligations” in the withdrawal treaty, in terms of the need for the UK to follow EU customs and subsidy rules in Northern Ireland.

EU legal advice last month noted that “given the length of the pre-litigation phase, it is unlikely that the case against the UK can be brought to the court before the end of the year”. Legal action could last into 2023 as the infringement procedure can take 35 months. The UK is still liable to EU legal procedures during the present transition period until 2025.

If a free-trade agreement is reached the government is expected to withdraw the provisions and, as Simon Coveney, the Irish foreign Minister, said this week, “the problems will fade away”.

Clement Beaune, the French Europe Minister, said any future deal would not be ratified by the EU unless the legislation were withdrawn. “It’s impossible to call [the withdrawal agreement] into question,” he told French television.

The Times