Official Journal of the European Union

Series C

C/2023/518

(Case T-600/21) (<span class="oj-super oj-note-tag">1</span>)

(Non-contractual liability - Regulation (EU) 2016/1624 - Directive 2013/32/EU - Directive 2008/115/EC - Frontex’s obligations relating to the protection of fundamental rights - No abuse of process - Admissibility - Causal link)

(C/2023/518)

Language of the case: English

Parties

Applicant: WS and the five other applicants whose names appear in the annex (represented by: A.M. van Eik and L.-M. Komp, lawyers)

Defendant: European Border and Coast Guard Agency (represented by: H. Caniard, C. Rueger, R.-A. Popa, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

By their action based on Article 268 TFEU, the applicants claim compensation for the damage allegedly suffered by them following the failure of the European Border and Coast Guard Agency (Frontex) to comply with its obligations pursuant to (i) Articles 16, 22, 26, 28, 34 and 72 of Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ 2016 L 251, p. 1); (ii) steps 1 to 5 of Frontex’s Standard Operating Procedure seeking to guarantee respect for fundamental rights in the joint operations and pilot projects carried out by that agency; and (iii) Article 4 of the Code of Conduct for joint return operations coordinated by Frontex.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders WS and the other applicants whose names appear in the annex to bear their own costs and to pay those incurred by the European Border and Coast Guard Agency (Frontex).

Language of the case: English.

ELI: http://data.europa.eu/eli/C/2023/518/oj

ISSN 1977-091X (electronic edition)