The European Commission believes there were several shortcomings in the UK’s implementation of the Treaty on the Functioning of the European Union (TFEU) which continue to affect EU citizens under the post-Brexit Withdrawal Agreement.

This concerns specifically the right to move and reside freely within the territory of the member states (Article 21 TFEU), the freedom of movement of workers (Article 45 TFEU) and the freedom of establishment (Article 49 TFEU), as well as the transposition of the Free Movement Directive (2004/38/EC).

After sending a letter of formal notice in May 2020 and issuing a reasoned opinion in July 2024, the Commission believes that “several elements of the grievances remain unaddressed, including on the rights of workers and the rights of extended family members”.

The Commission said it had therefore decided to refer the UK to the CJEU, which is allowed under the Withdrawal Agreement because it concerns an infringement case initiated before the end of the Brexit transition period.

The Withdrawal Agreement protects the residence rights of those EU citizens who exercised free movement rights in the UK at the end of 2020.

“This referral decision concerns breaches in the United Kingdom’s implementation of EU free movement law that are considered to be of continuing relevance to the exercise of rights applicable under the Withdrawal Agreement,” the Commission said.