Luxembourg (dpa) – The European Court of Justice (ECJ) has ruled that Frontex, the European border protection agency, is responsible for breaches of fundamental rights during deportations. The court determined that Frontex must safeguard the fundamental rights of asylum seekers during return operations, which involves verifying the existence of return decisions for all individuals affected by such actions.
The General Court of the European Union, a lower tribunal of the ECJ, is set to revisit a damages claim filed by a family of Syrian Kurds. The parents and their four children were deported to Turkey just days after arriving on a Greek island as part of a Frontex-coordinated return operation, despite their intention to seek asylum. Subsequently, fearing deportation to Syria, the family fled to Iraq.
Initial Claim for Damages Rejected
The family viewed the return operation as an unlawful refoulement and sought nearly 140,000 euros in damages from Frontex. However, in 2023, the General Court dismissed their claim, arguing there was no direct connection between Frontex’s potential misconduct and the claimed damages.
The ECJ concluded that the lower court misjudged Frontex’s role in the return operation, mistakenly assuming that the agency only offered technical and operational assistance to Member States without the obligation to verify return decisions. The Court also stated that infringements of fundamental rights could not be solely attributed to the Member State, in this case Greece, as Frontex might also be held accountable.
Moreover, the EU court must reconsider another damages claim against Frontex. In a separate ruling, the ECJ returned the case of a Syrian individual alleging he was subjected to a pushback. He is seeking 500,000 euros from the border agency, a claim that was previously rejected on the basis that he had not demonstrated the damage incurred. The Court indicated that the initial court should have endeavored to collect all pertinent information from Frontex. (18 December)
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