The European Commission is due to welcome its incoming College of Commissioners in December. This will be the first time the UK does not have a representative in the College since joining the EU. Although the UK received a letter from incoming Commission President Ursula von der Leyen requesting a nominee, the UK’s Permanent Representation wrote back informing von der Leyen that, due to the General Election campaign and purdah restrictions, no name can be put forward before 12 December. This has caused difficulty for the EU, as it is legally not allowed to put a new College into place unless every Member State is represented. Until all Member States are represented, the EU risks any and all decisions taken by the Commission being challenged in the courts on the grounds that the executive has been established on a flawed basis. In order to prevent further delay, however, the EU has chosen to launch a legal case against the UK. The UK now has until 22 November to reply to the Commission, although Brussels is aware that a response is not likely. To read more, please click here.