On Wednesday 16 June, the Court of Justice of the European Union rejected the two actions for annulment brought by the former Advocate General, Eleanor Sharpston of the UK, challenging the decision of the Member States in January 2020 to terminate her mandate early due to Brexit (cases C-684&685/20) (see EUROPE 12479/34).
The Court considers that the General Court did not err in recalling that it follows from Article 263 TFEU that acts adopted by the representatives of the governments of the Member States, acting not in their capacity as members of the Council or members of the European Council, but in their capacity as representatives of their government, are not subject to review of legality by the Court of Justice of the Union.
As the treaties ceased to apply to the UK on the date of Brexit, the UK is no longer an EU Member State since 1 February 2020. According to the Court, this means that the current terms of office of members of the institutions, bodies, offices and agencies of the Union who were appointed or elected in connection with the UK’s membership of the EU automatically ended on that date. (Original version in French by Mathieu Bion)