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Document 62020TN0252

    Case T-252/20: Action brought on 23 April 2020 — JU and Others v Council

    OJ C 215, 29.6.2020, p. 56–56 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    23/04/2020
    Date lodged:
    23/04/2020
    Author:
    General Court
    Form:
    Judicial information
    Authentic language:
    English
    Type of procedure:
    Action for annulment
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    Case affecting:
    Instruments cited in case law:
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    29.6.2020   

    EN

    Official Journal of the European Union

    C 215/56

    Action brought on 23 April 2020 — JU and Others v Council

    (Case T-252/20)

    (2020/C 215/64)

    Language of the case: English

    Parties

    Applicants: JU, JV, JW, JY, JZ, KA, KB (represented by: P. Tridimas, Barrister, A. von Westernhagen, and D. Harrison, Solicitors)

    Defendant: Council of the European Union

    Form of order sought

    The applicants claim that the Court should:

    —

    annul Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (1), insofar it deprives them without their consent and without due process of their status as Union citizens and their rights arising therefrom;

    —

    order the defendant to pay the costs.

    Pleas in law and main arguments

    The applicants claim that by depriving them, of their status of Union citizenship and the fundamental rights arising therefrom, the Council has breached Articles 20 and 23 TFEU, Article 50 TFEU, Articles 39, 40, 45 and 46 as well as Articles 7 and 19 of the Charter, the principles of proportionality, of equal treatment and of legitimate expectations.

    Therefore, the applicants claim that Union Citizenship is the fundamental status of EU nationals. As such, it is personal in nature and, once vested, it does not automatically demise upon the withdrawal of the United Kingdom. The applicants allege that no person may be deprived arbitrarily of their Union citizenship status and the rights flowing thereof.

    (1)  Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, OJ 2020, L 29, p. 1

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