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ECJ Says Frontex Can Be Held Liable for Rights Abuses in Return Operations

The ruling sends two damages suits back for fuller scrutiny of the agency's role.

Overview

  • Judges affirmed that Frontex must safeguard fundamental rights during EU‑coordinated return flights, including verifying that valid return orders exist for each person.
  • The EU General Court must reconsider a Syrian‑Kurdish family's claim for nearly €140,000 over their removal from a Greek island to Turkey after they said they would seek asylum.
  • The top court faulted the 2023 dismissal for treating Frontex as merely a technical helper and for failing to assess the agency's obligations.
  • In a separate case, a Syrian man alleging a pushback and seeking €500,000 was granted a retrial after the lower court did not obtain all relevant information from Frontex.
  • The ECJ stressed that rights violations during return flights cannot be pinned solely on the member state, opening the door to potential liability for the EU agency.