On Tuesday, 4 February 2025, the Grand Chamber of the EU Court of Justice will hear a landmark case against Frontex, brought by a Syrian family. The case addresses a crucial question: Can the European Border and Coast Guard Agency be held accountable for its role in illegal pushbacks – a practice that is systematically employed at the EU’s external borders?
This case is of both legal and societal significance. Its referral to the Grand Chamber underscores the gravity of the matter: Can Frontex operate beyond the reach of the law, or must it be held (jointly) responsible for human rights violations? By taking up the case, the Grand Chamber signals its fundamental importance within the European legal order – and may finally put an end to the continuous ‘whitewashing’ of the Agency’s responsibility.
The case is pursued by lawyers Lisa-Marie Komp, Flip Schüller and Marieke van Eik from Prakken d’Oliveira Human Rights Lawyers, and is supported, among others, by the Dutch Council for Refugees.
A case of European Significance
This case has the potential to set a crucial legal precedent. The Court will determine the responsibility of Frontex to uphold human rights before, during, and after border operations. The outcome could have far-reaching consequences for Frontex as well as other EU institutions, impacting their monitoring and reporting duties as well as their responsibility to take meaningful action against human rights violations.
The case unfolds against the backdrop of persistent, large-scale pushbacks along the EU’s external borders – a practice systematically employed by European Member States to prevent asylum seekers from entering Europe. As the Union’s “eyes and ears” at the borders, Frontex bears a critical responsibility for safeguarding human rights. This case directly questions whether that responsibility is being fulfilled.
A call for Accountability
Through this case, the Syrian family and the supporting organisations seek to deliver a clear message: no EU institution is above the law. The Grand Chamber’s decision to hear the case affirms that the European legal system is prepared to examine Frontex’s role and accountability, reinforcing the EU’s values of justice and human rights.
Background
The lawsuit against Frontex was filed at the end of 2021. The Syrian family, currently residing in northern Iraq, holds the Agency accountable for the human rights violations and illegal pushback they suffered and is seeking compensation.
In October 2016, the family arrived in Greece, where their asylum application was registered. However, just eleven days later, Frontex and Greek authorities forcibly placed them on a flight to Turkey – without processing their asylum request or issuing a return decision. During the flight, the parents were separated from their four young children, while Frontex staff was present at the scene. They were also prohibited from speaking to anyone throughout the journey. Upon arrival in Turkey, the family was immediately detained.
As a result of this removal, they became victims of an illegal pushback – an unlawful practice in which individuals are forcibly removed without due process, stripping them of their fundamental right to seek and apply for asylum. Frontex also violated the fundamental principle of non-refoulement, which prohibits returning anyone to a country where they face persecution or risk inhumane treatment. Both the right to seek asylum, as well as non-refoulement principle, are binding legal obligations under EU law, enshrined in the EU Charter of Fundamental Rights. Furthermore, by separating the children from their parents during the flight, Frontex also breached children's rights.
Following their release, the family, fearing further removal to Syria, fled to northern Iraq.
Practical Information
- Hearing Date: Tuesday, 4 February 2025, 09:00 (Grande Salle Palais)
- Location: EU Court of Justice, Luxembourg
- Journalists can register to attend the hearing. Pre-registration is required. Find the registration instructions and press regulations for hearings and rulings at the EU Court of Justice here.
- Live coverage of the hearing will be provided via the Bluesky account of Not on Our Border Watch. Follow this link to the Bluesky account.
Press Information
For interview requests or further inquiries, please contact: Anhela Alickovic (Spokesperson, Dutch Council for Refugees):
Previously
- Appeal lodged before CJEU in the action for damages against EU agency Frontex for their role in illegal pushback
- Frontex not accountable because Member States bear sole liabilty
- Judgment in court case against EU agency Frontex about illegal pushbacks
- EU agency Frontex sued over illegal pushbacks
- EU agency Frontex charged with illegal pushbacks