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JUDGMENT OF THE COURT (Grand Chamber)

9 June 2022

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

In Case C-673/20,

REQUEST for a preliminary ruling under Article 267 TFEU from the tribunal judiciaire d"Auch (Court of Auch, France), made by decision of

17 November 2020

, received at the Court on

9 December 2020

, in the proceedings EP v

Préfet du Gers,

R(HNrNONT(aNrn(adT ETdaTHNaNrHNrhOETENT EHTGNO EHTGmn(nbrhOEHTeR)9JJuC interested party:

Maire de Thoux,

THE COURT (Grand Chamber),

F. Biltgen, P.G. Xuereb, N. Piçarra, L.S. Rossi, N. Wahl and D. Gratsias, Judges,

Advocate General: A.M. Collins,

Registrar: A. Calot Escobar,

ENReports of Cases* Language of the case: French.ECLI:EU:C:2022:449 1

having regard to the written procedure, after considering the observations submitted on behalf of: - EP, by J. Fouchet and J.-N. Caubet-Hilloutou, avocats, - the French Government, by A.-L. Desjonquères, D. Dubois and T. Stéhelin, acting as Agents, - the Romanian Government, by E. Gane and A. Wellman, acting as Agents, - the Council of the European Union, by J. Ciantar, R. Meyer and M. Bauer, acting as Agents,

Agents,

after hearing the Opinion of the Advocate General at the sitting on

24 February 2022

gives the following

Judgment1This request for a preliminary ruling concerns the interpretation of Article 50 TEU, Articles 18, 20

and 21 TFEU, Articles 39 and 40 of the Charter of Fundamental Rights of the European Union ('the Charter"), Articles 2, 3, 10, 12 and 127 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. 7

), which was adopted on

17 October 2019

and entered into force on

1 February 2020

('the Withdrawal Agreement"), and the validity of that agreement.2The request has been made in proceedings between, on the one hand, EP, a United Kingdom

national who has lived in France since 1984 and, on the other hand, the Préfet du Gers (Prefect of

Gers, France) and the Institut national de la statistique et des études économiques (National Institute for Statistics and Economic Studies, France; 'INSEE"), concerning the removal of EP

from the electoral roll in France and the refusal to re-register her on the relevant special electoral

roll.

Legal context

European Union law

The EU and FEU Treaties3Article 9 TEU provides:'... Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be

additional to and not replace national citizenship."2 ECLI:EU:C:2022:449JUDGMENT OF 9. 6. 2022 - CASE C-673/20

PRÉFET DU GERS AND INSTITUT NATIONAL DE LA STATISTIQUE ET DES ÉTUDES ÉCONOMIQUES

4Article 50 TEU provides:

'1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements. 2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) [TFEU]. It shall be concluded on behalf of the Union by the Council [of the European Union], acting by a qualified majority, after obtaining the consent of the European Parliament. 3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.

..."5The first paragraph of Article 18 TFEU states:'Within the scope of application of the Treaties, and without prejudice to any special provisions

contained therein, any discrimination on grounds of nationality shall be prohibited."6Article 20 TFEU provides:

'1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship. 2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the

Treaties. They shall have, inter alia:

(b) the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State.

..."7Article 21(1) TFEU provides:'Every citizen of the Union shall have the right to move and reside freely within the territory of the

Member States, subject to the limitations and conditions laid down in the Treaties and by the

measures adopted to give them effect."ECLI:EU:C:2022:449 3JUDGMENT OF 9. 6. 2022 - CASE C-673/20

PRÉFET DU GERS AND INSTITUT NATIONAL DE LA STATISTIQUE ET DES ÉTUDES ÉCONOMIQUES

8Article 22 TFEU provides:

'1. Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate at municipal elections in the Member State in which he resides, under the same conditions as nationals of that State. ... 2. ... every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate in elections to the European Parliament in the Member State in which he resides, under the same conditions as nationals of that State. ..."

The Charter9Article 39 of the Charter, entitled 'Right to vote and to stand as a candidate at elections to the

European Parliament", provides in paragraph 1:'Every citizen of the Union has the right to vote and to stand as a candidate at elections to the

European Parliament in the Member State in which he or she resides, under the same conditions as

nationals of that State."10Under Article 40 of the Charter, entitled 'Right to vote and to stand as a candidate at municipal

elections":'Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in

the Member State in which he or she resides under the same conditions as nationals of that State."The Withdrawal Agreement11The Withdrawal Agreement was approved on behalf of the European Union and the European

Atomic Energy Community (EAEC) by Council Decision (EU) 2020/135 of

30 January 2020

OJ 2020 L 29, p. 1

).12The fourth, sixth and eighth paragraphs in the preamble to that agreement state: 'Recalling that, pursuant to Article 50 TEU, in conjunction with Article 106a of the Euratom Treaty, and subject to the arrangements laid down in this Agreement, the law of the Union and of Euratom in its entirety ceases to apply to the United Kingdom from the date of entry into force of this Agreement, Recognising that it is necessary to provide reciprocal protection for Union citizens and for United Kingdom nationals, as well as their respective family members, where they have exercised free movement rights before a date set in this Agreement, and to ensure that their rights under this Agreement are enforceable and based on the principle of non-discrimination; recognising also that rights deriving from periods of social security insurance should be protected,

...4 ECLI:EU:C:2022:449JUDGMENT OF 9. 6. 2022 - CASE C-673/20

PRÉFET DU GERS AND INSTITUT NATIONAL DE LA STATISTIQUE ET DES ÉTUDES ÉCONOMIQUES Considering that it is in the interest of both the Union and the United Kingdom to determine a transition or implementation period during which - notwithstanding all consequences of the United Kingdom"s withdrawal from the Union as regards the United Kingdom"s participation in the institutions, bodies, offices and agencies of the Union, in particular the end, on the date of entry into force of this Agreement, of the mandates of all members of institutions, bodies and agencies of the Union nominated, appointed or elected in relation to the United Kingdom"s membership of the Union - Union law, including international agreements, should be applicable to and in the United Kingdom, and, as a general rule, with the same effect as regards the Member States, in order to avoid disruption in the period during which the agreement(s) on the future

relationship will be negotiated".13Part One of that agreement, entitled 'Common provisions", includes Articles 1 to 8. Article 2(c)

to (e) of that agreement provides: 'For the purposes of this Agreement, the following definitions shall apply: (c) "Union citizen" means any person holding the nationality of a Member State; (d) "United Kingdom national" means a national of the United Kingdom, as defined in the New Declaration by the Government of the United Kingdom of Great Britain and Northern

Ireland of

31 December 1982

on the definition of the term "nationals" together with Declaration No 63 annexed to the Final Act of the intergovernmental conference which adopted the Treaty of Lisbon; (e)

"transition period" means the period provided in Article 126".14Part Two of the Withdrawal Agreement, entitled 'Citizens" rights", contains Articles 9 to 39.

Article 9(c) and (d) of that agreement provides:

'For the purposes of this Part, and without prejudice to Title III, the following definitions shall apply: (c) "host State" means: (i) in respect of Union citizens and their family members, the United Kingdom, if they exercised their right of residence there in accordance with Union law before the end of the transition period and continue to reside there thereafter; (ii) in respect of United Kingdom nationals and their family members, the Member State in which they exercised their right of residence in accordance with Union law before the end of the transition period and in which they continue to reside thereafter; (d) "State of work" means: (i) in respect of Union citizens, the United Kingdom, if they pursued an economic activity as frontier workers there before the end of the transition period and continue to do so

thereafter;ECLI:EU:C:2022:449 5JUDGMENT OF 9. 6. 2022 - CASE C-673/20

PRÉFET DU GERS AND INSTITUT NATIONAL DE LA STATISTIQUE ET DES ÉTUDES ÉCONOMIQUES (ii)in respect of United Kingdom nationals, a Member State in which they pursued an economic activity as frontier workers before the end of the transition period and in

which they continue to do so thereafter".15Article 10 of that agreement, entitled 'Personal scope", provides:

'1. Without prejudice to Title III, this Part shall apply to the following persons: (a) Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law before the end of the transition period and continue to reside there thereafter; (b) United Kingdom nationals who exercised their right to reside in a Member State in accordance with Union law before the end of the transition period and continue to reside there thereafter;

..."16Article 12 of the Withdrawal Agreement, entitled 'Non-discrimination", states:'Within the scope of this Part, and without prejudice to any special provisions contained therein, any

discrimination on grounds of nationality within the meaning of the first subparagraph of Article 18

TFEU shall be prohibited in the host State and the State of work in respect of the persons referred to in

Article 10 of this Agreement."17Articles 13 to 39 of that agreement contain provisions which specify the content of the rights

enjoyed by persons covered by Part Two of that agreement.18Article 126 of that agreement, entitled 'Transition period", provides:'There shall be a transition or implementation period, which shall start on the date of entry into force

of this Agreement and end on

31 December 2020

."19Article 127 of the Withdrawal Agreement, entitled 'Scope of the transition", provides: '1. Unless otherwise provided in this Agreement, Union law shall be applicable to and in the

United Kingdom during the transition period.

However, the following provisions of the Treaties, and acts adopted by the institutions, bodies, offices or agencies of the Union, shall not be applicable to and in the United Kingdom during the transition period: (b) Article 11(4) TEU, point (b) of Article 20(2), Article 22 and the first paragraph of Article 24 TFEU, Articles 39 and 40 of the [Charter], and the acts adopted on the basis of those provisions.

...6 ECLI:EU:C:2022:449JUDGMENT OF 9. 6. 2022 - CASE C-673/20

PRÉFET DU GERS AND INSTITUT NATIONAL DE LA STATISTIQUE ET DES ÉTUDES ÉCONOMIQUES

6.Unless otherwise provided in this Agreement, during the transition period, any reference to

Member States in the Union law applicable pursuant to paragraph 1, including as implemented and applied by Member States, shall be understood as including the United Kingdom.

..."20Under Article 185, that agreement entered into force on 1 February 2020. It is apparent, moreover,

from the fourth paragraph of that article that Part Two of that agreement is to apply as from the end of the transition period. French law21Article 88-3 of the Constitution du 4 octobre 1958, dans sa rédaction issue de la loi constitutionnelle no 93-952 du 27 juillet 1993(JORF of 28 July 1993, p. 10600; Constitution of

4 October 1958

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