The European Commission has accused the UK of breaching EU rules by not putting forward a new commissioner.
The EU executive has asked the UK to nominate a member for the new Commission, due to take office next month.
But the UK has said it cannot put forward a name due to rules governing December’s general election.
The move is the first stage in a process that could lead to a case at the EU’s top court.
The EU has accepted an extension to the Brexit deadline, meaning the UK is now due to leave at the end of January 2020, if the Conservatives win the general election.
Incoming Commission President Ursula von der Leyen – who is replacing Jean-Claude Juncker – has asked the UK
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