European Law Solicitors

European Union law governs the institutions and legal system of the European Union and regulates many aspects of trade, employment, competition, consumer protection, data use, transport, environmental protection and cross-border activity within the EU.

The United Kingdom left the European Union on 31 January 2020, and the post-Brexit transition period ended on 31 December 2020. EU law therefore no longer applies generally within the UK in the same way as it did when the UK was an EU Member State.

However, European Union law can still be relevant to UK individuals, businesses and public bodies. This may be because a transaction or dispute involves an EU country, because a UK business trades within the EU, because the Withdrawal Agreement protects rights or because UK legislation originated from EU law.

The European law solicitors listed on Solicitors.com may advise on EU law, post-Brexit arrangements, assimilated law and legal matters involving the UK and EU Member States.

Does European Union Law Still Apply in the UK?

EU law does not now have general supremacy over UK legislation.

Before Brexit, directly effective EU law could take priority over conflicting domestic legislation in many circumstances. The legal position has changed significantly since the UK left the EU.

Some EU-derived legislation was preserved within the UK legal system at the end of the transition period to avoid gaps in the law. This was initially known as retained EU law and has been known as assimilated law since 1 January 2024.

Assimilated law forms part of domestic UK law. It can be amended, replaced or revoked by the UK Parliament or another competent UK legislature in accordance with the applicable constitutional arrangements.

What Is Assimilated Law?

Assimilated law is the term now used for much of the EU-derived law that was retained in the UK legal system following Brexit.

It may include:

• UK legislation originally introduced to implement EU directives;
• certain EU regulations converted into domestic law;
• rights and obligations preserved by Brexit legislation; and
• relevant principles derived from earlier court decisions.

Not every rule that previously formed part of EU law was preserved. Some provisions have been revoked, amended, or replaced, and further changes may be made.

Businesses should not assume that a rule remains unchanged simply because it originated in EU legislation. The current UK legislation and any applicable EU rules should be checked separately.

European Court Decisions After Brexit

Decisions of the Court of Justice of the European Union made before the end of the transition period may remain relevant when UK courts interpret assimilated law.

The extent to which earlier European case law is binding depends on the court considering the matter, the legislation involved and whether the law has subsequently been amended.

Decisions made by the Court of Justice after the end of the transition period are not generally binding on UK courts, although a UK court may consider them where relevant.

Different arrangements can apply where a case concerns the Withdrawal Agreement, the Windsor Framework or another UK–EU agreement.

The UK–EU Withdrawal Agreement

The Withdrawal Agreement regulates certain consequences of the UK's departure from the European Union.

It covers matters including:

• the rights of qualifying EU citizens living in the UK;
• the rights of qualifying UK nationals living in EU Member States;
• social security coordination;
• the financial settlement;
• goods placed on the market before the end of the transition period; and
• arrangements relating to Northern Ireland.

Individuals and businesses may be able to rely on rights arising under the Withdrawal Agreement where its provisions apply to their circumstances.

EU Settlement Scheme and Citizens' Rights

The EU Settlement Scheme gives effect within UK immigration law to important residence rights protected by the Withdrawal Agreement.

It may be relevant to qualifying EU, European Economic Area and Swiss citizens, and certain family members, who were living in the UK by the end of the transition period.

Solicitors advising in this area may deal with:

• settled and pre-settled status;
• late applications;
• joining family members;
• continuous residence;
• absences from the UK;
• refusals and appeals;
• employment and right-to-work issues; and
• access to services and benefits.

Immigration rules and guidance change regularly, so that current specialist advice may be required.

The UK–EU Trade and Cooperation Agreement

The Trade and Cooperation Agreement governs many aspects of the relationship between the United Kingdom and the European Union.

It contains provisions concerning:

• trade in goods and services;
• customs and rules of origin;
• transport;
• fisheries;
• energy;
• social security coordination;
• law enforcement cooperation;
• competition and subsidies;
• environmental and employment standards; and
• dispute resolution between the UK and EU.

The agreement does not recreate membership of the EU Single Market or Customs Union. Businesses trading between the UK and EU may therefore face customs, regulatory and administrative requirements that did not apply before Brexit.

European Law and UK Businesses

A UK business may need EU law advice where it:

• sells goods or services within the EU;
• operates an office, branch or subsidiary in an EU country;
• employs staff within the EU;
• processes personal data relating to individuals in the EU;
• imports goods from or exports goods to the EU;
• distributes products within the European market;
• takes part in an EU-regulated sector;
• enters into contracts governed by the law of an EU Member State; or
• becomes involved in litigation or enforcement within the EU.

The applicable rules may include both UK law and the national law of one or more EU countries.

Commercial Contracts With EU Parties

Businesses entering into cross-border contracts should consider which country's law governs the agreement and which courts or tribunals will resolve any dispute.

A European law solicitor can advise on:

• governing-law clauses;
• jurisdiction agreements;
• arbitration clauses;
• service of legal proceedings abroad;
• enforcement of judgments;
• currency and payment arrangements;
• customs and import responsibilities;
• incoterms and delivery obligations;
• regulatory compliance; and
• termination following changes in law.

The recognition and enforcement of judgments between the UK and EU is more complex than it was before Brexit. The position depends on the contract, the date of the proceedings, the countries involved and any applicable international convention.

EU Competition Law

EU competition law may apply to UK businesses when their activities affect trade or competition within the European Union.

It prohibits or regulates conduct including:

• price fixing and market sharing;
• anti-competitive agreements;
• abuse of a dominant market position;
• certain distribution restrictions;
• anti-competitive information exchange;
• mergers affecting EU markets; and
• some forms of state financial support.

A transaction or commercial arrangement may need to comply with both UK competition law and EU competition law.

Consumer Law and Product Regulation

UK businesses selling products or services to consumers in EU countries may have to comply with EU consumer protection and product safety rules.

Relevant issues may include:

• consumer information requirements;
• online and distance-selling rules;
• cancellation rights;
• unfair contract terms;
• product safety;
• labelling and packaging;
• product recalls;
• market surveillance; and
• the appointment of an EU-based responsible person or representative.

UK and EU standards may diverge over time. Businesses supplying both markets should check the separate requirements applying in each jurisdiction.

Data Protection and Privacy

European data protection law may apply directly to a UK organisation where it offers goods or services to individuals in the European Economic Area or monitors their behaviour there.

Businesses may need advice about:

• the EU General Data Protection Regulation;
• the UK General Data Protection Regulation;
• international data transfers;
• standard contractual clauses;
• privacy notices and consent;
• data-processing agreements;
• data breaches;
• appointing an EU representative; and
• regulatory investigations.

A business operating in both the UK and EU may be subject to separate UK and EU regulatory regimes.

Employment and Workforce Issues

Many UK employment protections were influenced by European Union legislation. These include rules concerning working time, paid holiday, discrimination, family rights, business transfers, and collective consultation.

Following Brexit, the relevant rights generally continue under domestic legislation rather than automatically taking priority under EU law.

European law may still apply directly where a UK employer has staff or operations in an EU country. The employer may then need advice about the employment laws of that Member State, cross-border working and social security arrangements.

Environmental and Regulatory Law

European Union law continues to influence environmental and regulatory standards applying to businesses trading in or with the EU.

Issues may include:

• waste and recycling;
• chemicals regulation;
• emissions and environmental permits;
• packaging obligations;
• food and agricultural standards;
• energy regulation;
• product sustainability requirements; and
• supply-chain reporting.

UK businesses may need to comply with EU standards even where those standards do not form part of UK law, particularly when placing products on the EU market.

Intellectual Property Rights

Brexit changed the territorial effect of several European intellectual property rights.

European law solicitors and intellectual property specialists may advise on:

• European Union trade marks;
• comparable UK trade marks;
• registered and unregistered designs;
• parallel imports and exhaustion of rights;
• licensing across different territories;
• copyright disputes;
• customs enforcement; and
• cross-border infringement proceedings.

A right covering the EU may no longer be protected within the UK. A UK right will not ordinarily protect the EU.

Public Procurement and Subsidy Control

European procurement rules may apply when a UK business tenders for a public contract in an EU Member State.

Within the UK, domestic procurement and subsidy-control legislation now applies, although the UK's international commitments and agreements with the EU may remain relevant.

Solicitors can advise businesses and public bodies about:

• tender procedures;
• selection and award criteria;
• procurement challenges;
• exclusion from competitions;
• public funding;
• subsidies and state support; and
• cross-border public projects.

Transport, Travel and Aviation

European law remains important to businesses and individuals involved in international transport and travel.

Advice may be required in relation to:

• air passenger rights;
• road haulage and operator licensing;
• aviation agreements;
• rail and maritime transport;
• package travel;
• customs arrangements;
• vehicle standards; and
• transporting employees or goods across borders.

Similar-looking UK and EU rules may now operate as separate legal regimes and may develop differently.

Cross-Border Litigation

Legal proceedings involving parties or assets in different countries can raise questions about:

• which country's courts have jurisdiction;
• which law applies;
• how documents should be served abroad;
• obtaining evidence in another country;
• interim injunctions;
• parallel proceedings;
• recognition and enforcement of judgments; and
• recovering assets in another jurisdiction.

Early advice is important because issuing proceedings in the wrong jurisdiction can cause delay, increase costs and create enforcement difficulties.

European Union Institutions and Regulatory Investigations

Businesses may become involved with EU institutions or agencies where they trade within the European market or operate in a regulated sector.

Specialist solicitors may advise on:

• European Commission investigations;
• competition enforcement;
• regulatory authorisations;
• customs decisions;
• sanctions and restrictive measures;
• complaints to an EU institution;
• judicial review of EU measures; and
• proceedings before the courts of the European Union.

Representation before an EU institution or court may require lawyers who are qualified in an EU Member State.

European Convention on Human Rights

The European Convention on Human Rights is separate from the European Union.

It is an international treaty overseen by the Council of Europe and interpreted by the European Court of Human Rights. The United Kingdom remains a party to the Convention despite leaving the EU.

Cases involving the Human Rights Act 1998 or the European Convention should normally be handled by a solicitor with appropriate public law or human rights experience rather than being treated simply as an EU law matter.

Choosing a European Law Solicitor

European law covers a wide range of legal subjects. A solicitor may specialise in one particular area rather than providing advice across every aspect of EU law.

When selecting a solicitor, consider whether the firm has experience of:

• the relevant EU Member State;
• the applicable industry or regulatory sector;
• cross-border contracts and disputes;
• UK post-Brexit legislation;
• working with lawyers qualified in other European countries;
• proceedings before European institutions; and
• the language required for the transaction or dispute.

For matters involving another country's domestic law, the UK solicitor may need to work with a suitably qualified lawyer in that jurisdiction.

Find a European Union Law Solicitor

European Union law can still affect UK businesses and individuals, particularly where a matter involves trade, residence, employment, data, regulation or legal proceedings across European borders.

Use Solicitors.com to find European law solicitors, or submit an enquiry through our Ask a Solicitor service.

Important: This guide provides general information about European Union law and its relationship with UK law. It is not legal advice. The applicable rules will depend on the countries, legislation and agreements involved in the particular matter.