Ruling sets precedent for large fines if EU law is breached in Northern Ireland in future
From January 1st, 2021, there was a period of noncompliance when Northern Ireland alone was subject to the EU law, under post-Brexit agreements that kept it in line with the single market to avoid a hard border while the rest of the UK diverged.
The ruling is significant because it may set a precedent for large fines for Britain if there are breaches of the EU laws that continue to be in force in Northern Ireland under post-Brexit arrangements. A fine that only took into account the GDP of Northern Ireland “would not be sufficiently dissuasive and therefore would not make it possible to achieve the aim of effectively preventing the repetition of similar infringements of EU law in the future”, the court ruled, according to an ECJ statement.
“It is therefore appropriate to take into account the GDP of the United Kingdom as a whole for the entire period of the infringement for the purpose of determining its ability to pay,” the court found.
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