CA-2024-001773 - [2025] EWCA Civ 1057

“Article 23 Equal treatment

In accordance with Article 24 of [the CRD], subject to the specific provisions provided for in this Title and Titles I and IV of this Part, all Union citizens or United Kingdom nationals residing on the basis of this Agreement in the territory of the host State shall enjoy equal treatment with the nationals of that State within the scope of this Part. The benefit of this right shall be extended to those family members of Union citizens or United Kingdom nationals who have the right of residence or permanent residence.

By way of derogation from paragraph 1, the host State shall not be obliged to confer entitlement to social assistance during periods of residence on the basis of Article 6 or point (b) of Article 14(4) of [the CRD], nor shall it be obliged, prior to a person's acquisition of the right of permanent residence in accordance with Article 15 of this Agreement, to grant maintenance aid for studies, including vocational training, consisting in student grants or student loans to persons other than workers, self-employed persons, persons who retain such status or to members of their families.”

The third title relates to coordination of social security systems and is not in issue in this appeal. The fourth title is headed “Other Provisions” and includes Articles 38 and 39. Article 38 permits Member States to maintain laws, regulations or administrative provisions which are more favourable to the person concerned (except that Article 38 does not apply to Title III, concerning social security systems, where Member States are required to maintain coordination and parity).

Article 39 provides that persons covered by this Part (ie, the Part on Citizens’ Rights) shall enjoy the rights provided for in the Titles to this Part for their lifetime, unless they “cease to meet the conditions set out in those Titles”.

Transition and Final Provisions

Article 126 defines the transition period as starting from the date of entry into force of the Withdrawal Agreement and ending on 31 December 2020.

Article 158 permits a court or tribunal of the United Kingdom to refer a question of interpretation in relation to Part Two of the Withdrawal Agreement to the CJEU where necessary and where the case commenced at first instance on or before 31 December 2028.

Domestic Implementation

The Withdrawal Agreement is given legal effect in the United Kingdom as a result of section 7A of the European Union (Withdrawal) Act 2018 which was inserted by section 5 of the European Union (Withdrawal Agreement) Act 2020. Section 7A provides that all rights created or arising by or under the Withdrawal Agreement are without further enactment to be given legal effect in the United Kingdom and to be recognised in domestic law; and that every enactment is to be read and have effect subject to recognition of those principles.