Dutch judges refer British expats case to EU top court

Pro-EU, anti-Brexit demonstrators hold Union and EU flags outside the Houses of Parliament in London.
Pro-EU, anti-Brexit demonstrators hold Union and EU flags outside the Houses of Parliament in London.PHOTO: AFP

THE HAGUE (AFP) - Dutch judges on Wednesday (Feb 7) referred a landmark case brought by British expats demanding clarification over their rights as European citizens after Brexit to the EU's top court.

"We refer the questions to the European Court of Justice," judge Floris Bakels said in a written verdict issued by the Amsterdam District Court, in the case which could have far-reaching implications for about a million British citizens living in Europe.

The judges have called for the Luxembourg-based tribunal to answer two preliminary questions about their futures after Brexit, their lawyer Christiaan Alberdingk Thijm said.

The questions are: "Does Brexit mean that Britons automatically lose their European citizenship or do they maintain their rights, and if so, under what conditions?" Thijm said.

Five British expats and two expat organisations - Brexpats - Hear our Voice and the Commercial Anglo Dutch Society - last month took the Dutch government to court.

The plaintiffs argued they have independent rights as EU citizens, over and above being citizens of any specific EU member country - including Britain.

They insist their legal rights as EU citizens - including freedom of movement - should therefore remain and be protected by The Netherlands even after Britain withdraws from the 28-member body on March 29, 2019.

They asked the Dutch judges to refer the matter to the European court for clarification "as to what exactly being a European citizen means," said one of the plaintiffs, Stephen Huyton.

Observers say that should the ECJ indeed rule that Britons have separate implicit rights as EU citizens it could have massive implications.

"It could also throw a spanner in the current Brexit negotiations," said Huyton, who told AFP shortly after Wednesday's ruling that he was "shocked and delighted with the decision." "But we have to realise that this is just the first step to eventually getting clarity about our status," Huyton added.

Judge Bakels gave lawyers a week to comment on the decision and to add any other preliminary questions to be put to the ECJ.


Huyton, who has lived in The Netherlands for the past 24 years, said many expats "felt a sense of injustice", referring to them as "the forgotten many".

Their wishes were ignored during the 2016 referendum as many were not legally allowed to vote, despite still being British citizens and in many cases taxpayers, he said.

"This case intends to give us clarity. Not only to the 46,000 Britons living in The Netherlands," but also to around a million other British citizens living on the European continent, Huyton added.

"There is still a lot of discussion to come, but we feel like a bunch of pawns on a chess board."

A preliminary agreement in December between Britain and the EU sets out residency rights and benefits available to more than three million EU citizens living in Britain and another one million British nationals living in the EU.

The deal guarantees their post-Brexit rights, with family members also able to claim residence, but "as the British government has made clear - nothing is agreed until everything is agreed," Huyton said.