# C_2023083EN.01001001.xml

| 6.3.2023 | EN | Official Journal of the European Union | C 83/10 |
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6.3.2023

EN

Official Journal of the European Union

C 83/10

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Request for a preliminary ruling from the Tribunal judiciaire d’Auch (France) lodged on 23 November 2022 — EP v Préfet du Gers, Institut national de la statistique et des études économiques (INSEE)

(Case C-716/22)

(2023/C 83/12)

Language of the case: French

Referring court

Tribunal judiciaire d’Auch

Parties to the main proceedings

Applicant: EP

Defendants: Préfet du Gers, Institut national de la statistique et des études économiques (INSEE)

Other party: Commune de Thoux represented by the Mayor of Thoux

Questions referred

| 1. | Is Decision 2020/135 (1) 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 partially invalid in that the Agreement on the Withdrawal of the United Kingdom from the European Union infringes Articles 1, 7, 11, 21, 39 and 41 of the Charter of Fundamental Rights of the European Union, Article 6(3) of the Treaty on European Union and the principle of proportionality in Article 52 of that Charter in so far as it does not include a provision allowing the right to vote in European elections to be retained for British nationals who have exercised their freedom of movement and their freedom to settle freely in the territory of another Member State, whether or not dual nationality is permitted, in particular for those who have lived in the territory of another Member State for more than 15 years and who are subject to the United Kingdom’s 15 year rule, thus aggravating the deprivation of any right to vote, for persons who have not had the right to vote against the loss of their Union citizenship and also for those who have sworn allegiance to the British Crown? |
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1.

Is Decision 2020/135 (1) 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 partially invalid in that the Agreement on the Withdrawal of the United Kingdom from the European Union infringes Articles 1, 7, 11, 21, 39 and 41 of the Charter of Fundamental Rights of the European Union, Article 6(3) of the Treaty on European Union and the principle of proportionality in Article 52 of that Charter in so far as it does not include a provision allowing the right to vote in European elections to be retained for British nationals who have exercised their freedom of movement and their freedom to settle freely in the territory of another Member State, whether or not dual nationality is permitted, in particular for those who have lived in the territory of another Member State for more than 15 years and who are subject to the United Kingdom’s 15 year rule, thus aggravating the deprivation of any right to vote, for persons who have not had the right to vote against the loss of their Union citizenship and also for those who have sworn allegiance to the British Crown?

| 2. | Must Decision 2020/135, the Agreement on the Withdrawal of the United Kingdom from the European Union, Article 1 of the Act concerning the election of the members of the European Parliament annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976, (2) the judgment of the Court of Justice of the European Union of 12 September 2006, Spain v United Kingdom, C-145/04, Articles 1, 7, 11, 21, 39 and 41 of the Charter of Fundamental Rights of the European Union, Article 6(3) of the Treaty on European Union and the judgment of the Court of Justice of the European Union of 9 June 2022, Préfet du Gers, C-673/20, be interpreted as depriving former Union citizens who have exercised their right to free movement and the freedom to settle freely in the territory of the European Union of the right to vote and to stand as a candidate in European elections in a Member State, as well as, in particular, former Union citizens who no longer have any right to vote because they have exercised their private and family life in the territory of the European Union for more than 15 years and who were unable to vote against the withdrawal of their Member State from the European Union which entailed the loss of their Union citizenship? |
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2.

Must Decision 2020/135, the Agreement on the Withdrawal of the United Kingdom from the European Union, Article 1 of the Act concerning the election of the members of the European Parliament annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976, (2) the judgment of the Court of Justice of the European Union of 12 September 2006, Spain v United Kingdom, C-145/04, Articles 1, 7, 11, 21, 39 and 41 of the Charter of Fundamental Rights of the European Union, Article 6(3) of the Treaty on European Union and the judgment of the Court of Justice of the European Union of 9 June 2022, Préfet du Gers, C-673/20, be interpreted as depriving former Union citizens who have exercised their right to free movement and the freedom to settle freely in the territory of the European Union of the right to vote and to stand as a candidate in European elections in a Member State, as well as, in particular, former Union citizens who no longer have any right to vote because they have exercised their private and family life in the territory of the European Union for more than 15 years and who were unable to vote against the withdrawal of their Member State from the European Union which entailed the loss of their Union citizenship?

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(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).

(2)  OJ 1976 L 278, p. 1.

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