A Scottish legal action that could halt Brexit reaches Europe’s highest court today, potentially throwing a spanner in Theresa’s May frantic push for a deal on her terms.

Launched by a cross-party group of Scots politicians led by Green MSP Andy Wightman, the action has been resisted through the courts by the UK government for months.

However today finally sees oral arguments at the European Court of Justice in Luxembourg.

The Herald:

The action is about whether MPs have the power to order the UK government to revoke the Article 50 withdrawal process that underpins Brexit.

The Scottish group asked the Court of Session to refer the matter to the ECJ for a definitive ruling, as Article 50 text is silent on the point and the question has never been answered.

READ MORE: Scotland's Brexit legal bid explained

After an initial defeat, the group won an appeal and Scotland’s most senior judge, the Lord President Lord Carloway referred the matter to the ECJ for a judgment.

The UK Government effectively tried to sink the case by having it diverted to the UK Supreme Court but both Lord Carloway and the Supreme Court rejected their arguments.

The ECJ has already received written submissions from both sides in the case, and is expected to issue a ruling before Westminster has its meaningful vote in mid-December.

Mr Andy Wightman said: "The question as to whether MPs can unilaterally revoke Article 50 is vital, as the chaos around Brexit shows no sign of being resolved.

“The UK Parliament must be fully informed of all of its options.”

Asked about the legal challenge, a No 10 spokesman declined to comment on the specifics but said: "More broadly as a matter of firm policy, we will not revoke Article 50. The British people voted to leave the EU and we must respect both the result of the referendum and the democratic process, which delivered this result."

Also behind the Scottish case are SNP MEP Alyn Smith, Labour MEPs David Martin and Catherine Stihler, Green MSP Ross Greer, SNP MP Joanna Cherry QC and Scottish LibDem MP Christine Jardine.

Mr Smith, who will be attending the hearing with Mr Wightman and Ms Cherry, said: “With the approval over the weekend by the other member states of a bad deal for the UK, this case gets more important and more urgent.

READ MORE: Theresa May to visit Scotland this week, insisting her Brexit deal will 'strengthen the Union" 

“Getting the case to the ECJ in the teeth of opposition from the UK government is already a victory, the clarity the ECJ will give us on how to revoke Article 50 altogether will give MPs and MEPs the tools to find a better way.”

Asked about the case by Ms Cherry in the House of Commons, Mrs May said: “It [the revocation of Article 50] is not going to happen, because it is not government policy.”

Ms Cherry added: “We expect this case to establish as a matter of legal certainty that Brexit may be stopped altogether by revoking the Article 50 notice either with permission or unilaterally.

“The fact that the UK Government has fought this case tooth and nail at considerable expense shows how desperate the PM is to prevent MPs having the certainty that Brexit can be stopped and that is the question on which the Court of Justice will now rule.”