A top adviser to the European Court of Justice (ECJ) has said that the UK could reverse its decision to withdraw from the EU, by revoking Article 50, without the permission of the EU.

Such a ruling by the ECJ could open the door for a second referendum on whether the UK is to remain in or leave the EU.

Advocate General Campos Sánchez-Bordona issued his opinion on a case which was brought forward by a coalition of Scottish politicians opposed to Brexit. While the opinion is not binding, it could be an indication of how the ECJ will rule.

The European Council and Commission had contended that Article 50 could only be halted following a unanimous decision of the Council. The UK Government has also tried to have the case declared inadmissible as the arguments presented are hypothetical given it is not their position to revoke Article 50.

Disagreements

However, Sánchez-Bordona disagreed with the Council saying he: “Rejects the contention that Article 50 TEU [Treaty on European Union] only allows the possibility, put forward by the Commission and the Council, of a revocation following a unanimous decision of the European Council.”

He also disagreed with the UK Governement saying: “The dispute is genuine, the question is not merely academic, nor premature or superfluous, but has obvious practical importance and is essential in order to resolve the dispute.”

The final ruling from the ECJ will come at a later date.

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UK can scrap Article 50 without EU permission says ECJ adviser

If the ECJ follows the advice of the Advocate General, it could open the door to the possibility of a second referendum on the UK's membership of the EU.