The Grand Chamber of the Court of Justice of the European Union (CJEU) today issued a landmark ruling in the case of a Syrian family against Frontex (WS and others v. Frontex C-679/23). In 2021, the Syrian family held Frontex liable at the General Court of the European Union for its role in the illegal pushback of the family. The family members were deported across the border without the possibility to submit an asylum application and have it reviewed, a practice known as a pushback. The General Court had dismissed the family's claim at first instance.
The Grand Chamber of the Court now rules that Frontex, the European Border and Coast Guard Agency, can indeed be held responsible for its role in the pushback of the Syrian family. The Grand Chamber thus establishes that Frontex bears its own responsibility for guaranteeing human rights at Europe's external borders. This is the first time that the Court has ruled on a claim for damages against Frontex for its role in pushbacks, which are illegal and in violation of fundamental rights.
The General Court will now have to adjudicate the case again.
This ruling should have consequences for the way in which Frontex deals with its obligations to effectively act against human rights violations in the future, as well as for its monitoring and reporting tasks.
The case takes place against the backdrop of continuous and large-scale pushbacks at sea and on land along Europe's external borders, a practice that is systematically used by European member states to deny asylum seekers access to Europe. As the "eyes and ears" of the European Union, Frontex plays a crucial role in safeguarding human rights. This role will become even greater with the entry into force of the EU Migration Pact in June 2026. With this judgment, the Court makes it clear that Frontex must better comply with that responsibility.
Background
The Syrian family was deported to Turkey in October 2016, shortly after their arrival in Greece and before they could apply for asylum, by means of an unlawful return operation. This deportation should not have taken place because the authorities had not taken a return decision on the Syrian family. This made the family the victim of a so-called pushback. As a result, they have been denied the right to apply for asylum. Frontex has also violated the fundamental prohibition of non-refoulement, which prohibits the return of asylum seekers or refugees to a country where they fear persecution or risk inhumane treatment. During the return operation, part of a joint operation by Frontex and the Greek authorities, the family— including children—was separated and escorted by border guards, in violation of the rights of the child.
This is the first action for damages brought against Frontex before the CJEU for its role in pushbacks, which are illegal and in violation of fundamental rights.
The family is represented by Marieke van Eik, Lisa-Marie Komp and Flip Schüller of Prakken D'Oliveira. Because of the great importance of the case, Eleanor Sharpston supports the team pro bono. The case is supported by the Dutch Council for Refugees, the Democracy and Media Foundation and BKB.
Previous posts
- Hearing of the Grand Chamber of the EU Court of Justice on Frontex and illegal pushbacks
- Appeals filed with the CJEU in the damages case against EU agency Frontex for their role in illegal pushback
- Frontex not liable because only member states bear responsibility
- Verdict in lawsuit against EU agency Frontex over illegal pushbacks
- EU agency Frontex indicted for illegal pushbacks
- EU agency Frontex indicted for illegal pushbacks