European court should say if UK alone can stop Brexit: Scottish judges

A legal appeal to determine whether Britain alone can change its mind about leaving the European Union should be given consideration by the European Court of Justice (ECJ), Scotland's highest court said on Friday in a boost to anti-Brexit campaigners.

The Court of Session decision means the ECJ should say whether it is legally possible for Britain to stay in the world's biggest trading bloc if its parliament so decides.

Petitioners argued that legal certainty about the process is needed in advance of any British parliamentary vote because no country has ever withdrawn from the European Union.

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Prime Minister Theresa May's plans for Brexit are mired in doubt after EU leaders cautioned her on Thursday that unless she presented an alternative to her current proposal, Britain would crash out of the EU without a deal.

Friday's decision could now, theoretically, be appealed again before the UK Supreme Court, although legal sources close to the case believe that option is unlikely.

Pro-European petitioners argued that while there is no legal doubt that Britain could stop Brexit with the permission of the other 27 member states, it should seek to establish a legal right to do so unilaterally whether the rest of the bloc likes it or not.

Judges at the Court of Session said they had agreed to refer the case for advice on EU law from the ECJ.

British government officials were unavailable to comment.