Brexit and the court of justice. "All the past was better". Case-308/14, European Commission versus United Kingdom

Abstract

The announcement of the Brexit referendum provoked unprecedented concerns in the European institutions. Attempts by the Council and the Commission to seek special status for the United Kingdom to encourage a favorable vote in favor of permanence were futile. Finally the Brexit received the approval of the majority of British citizens.

Seven days before the referendum, the Court of Justice adopted judgment on the Case Commission against the United Kingdom (Case 308/14) on social security family benefits. This ruling gave another twist to the previous doctrine on social tourism. However, in this case, and with a very sui generis argument, the Court moved away from previous pronouncements on indirect discrimination. May be the Tribunal wanted to lend a hand to the UK to strength the pro-European theses. A political judgment that opens a major gap for the future of coordination rules. A precedent? A simple episode?