Re: More Brexit Doom and Gloom...... NOT !
Originally Posted by
Bread
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It doesn't sound like it to me, you're getting more desperate by the day and making up weird stories that aren't true.
The WA ends on 31st December 2020 I take it you haven't read it, or don't understand it
Its not surprising, your performance on EU related issues has been consistently childish and uninformed.
Seems the EU had foreseen persons like you would be misunderstanding the WA. They made some explanatory texts for the likes of you.
How will ongoing judicial proceedings between companies be dealt with after the end of the transition period?
By way of example, at the end of the transition period litigation may be pending between a Dutch company and a UK company before a UK court.
The responsibility of the UK court for hearing the case is established by EU law. According to the Withdrawal Agreement, after the end of the transition period, the UK court remains competent for hearing that case on the basis of EU law.
In another example, at the end of the transition period, a company may be in legal proceedings against a UK company before a French court.
According to the Withdrawal Agreement, after the end of the transition period, EU law on the recognition and enforcement of judgements continues to apply to the recognition and enforcement, in the United Kingdom, of the judgement rendered by the French court.*
Lots of other information for you at the site. Enjoy!
https://ec.europa.eu/commission/pres...n/qanda_20_104
Here is a real treat for you!
Ongoing Union judicial and administrative procedures
Under the Withdrawal Agreement, the Court of Justice of the European Union (CJEU) will remain competent for*judicial procedures*concerning the United Kingdom registered at the CJEU before the end of the transition period, and those procedures should continue until a final binding judgment is given in accordance with Union rules. All stages of proceedings are concerned, including appeals or referrals back to the General Court. This allows for pending cases to reach completion in an orderly way.
While the above solves the issue of pending cases, it will also be possible to bring certain cases concerning the United Kingdom before the CJEU for a resolution according to Union rules after the end of the transition period.
The Agreement provides that, within four years from the end of the transition period, the Commission may bring before the CJEU new infringement cases against the United Kingdom, concerning breaches of Union law which occurred before the end of the transition period.
Within the same period, the United Kingdom may also be brought before the CJEU for non-compliance with an administrative decision of a Union institution or body taken before the end of the transition period or, for certain procedures specifically identified in the Agreement, after the end of the transition period.
The CJEU jurisdiction for these new cases is consistent with the principle that the termination of a Treaty shall not affect any right, obligation or legal situation of the parties created prior to its termination. This ensures legal certainty and a level playing field between the EU Member States and the United Kingdom, with respect to situations occurring when the United Kingdom was under Union law obligations.
For what concerns*administrative procedures, the Withdrawal Agreement provides that pending procedures shall continue to be handled according to Union rules. This concerns procedures on issues such as competition and state aid, which were initiated before the end of the transition period by institutions, offices and agencies of the Union, and which concern the United Kingdom or UK natural or legal persons.
In respect of aid granted before the end of the transition period, for a period of four years after the end of the transition period, the European Commission shall be competent to initiate*new administrative procedures on State aid*concerning the United Kingdom. The Commission shall be competent after the end of that four year period for procedures initiated before the end of that period.