Case C-673/20: Judgment of the Court (Grand Chamber) of 9 June 2022 (request for a preliminary ruling from the Tribunal judiciaire d’Auch — France) — EP v Préfet du Gers, Institut national de la statistique et des études économiques (INSEE) (Reference for a preliminary ruling — Citizenship of the Union — National of the United Kingdom of Great Britain and Northern Ireland residing in a Member State — Article 9 TEU — Articles 20 and 22 TFEU — Right to vote and to stand as a candidate in municipal elections in the Member State of residence — Article 50 TEU — Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community — Consequences of the withdrawal of a Member State from the Union — Removal from the electoral roll in the Member State of residence — Articles 39 and 40 of the Charter of Fundamental Rights of the European Union — Validity of Decision (EU) 2020/135)
Date: 2022-06-09
Institutions: Court of Justice
Subjects: EU Member State, European citizenship, United Kingdom, electoral register, local election, nationality, residence, right to stand for election, right to vote, withdrawal from the EU








C_2022294EN.01000901.xml










1.8.2022   


EN


Official Journal of the European Union


C 294/9






Judgment of the Court (Grand Chamber) of 9 June 2022 (request for a preliminary ruling from the Tribunal judiciaire d’Auch — France) — EP v Préfet du Gers, Institut national de la statistique et des études économiques (INSEE)
(Case C-673/20) (1)

(Reference for a preliminary ruling - Citizenship of the Union - National of the United Kingdom of Great Britain and Northern Ireland residing in a Member State - Article 9 TEU - Articles 20 and 22 TFEU - Right to vote and to stand as a candidate in municipal elections in the Member State of residence - Article 50 TEU - Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community - Consequences of the withdrawal of a Member State from the Union - Removal from the electoral roll in the Member State of residence - Articles 39 and 40 of the Charter of Fundamental Rights of the European Union - Validity of Decision (EU) 2020/135)
(2022/C 294/11)
Language of the case: French

Referring court

Tribunal judiciaire d’Auch

Parties to the main proceedings


Applicant: EP

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

Interested party: Maire de Thoux

Operative part of the judgment







1.


Articles 9 and 50 TEU and Articles 20 to 22 TFEU, read in conjunction with 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, which was adopted on 17 October 2019 and entered into force on 1 February 2020, must be interpreted as meaning that, as of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union, on 1 February 2020, nationals of that State who exercised their right to reside in a Member State before the end of the transition period no longer enjoy the status of citizen of the Union, nor, more specifically, by virtue of Article 20(2)(b) TFEU and Article 22 TFEU, the right to vote and to stand as a candidate in municipal elections in their Member State of residence, including where they are also deprived, by virtue of the law of the State of which they are nationals, of the right to vote in elections held by that State;










2.


The examination of the third and fourth questions referred for a preliminary ruling has not revealed any factor capable of affecting the validity of 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)  OJ C 98, 22.3.2021.