The case concerns a Syrian family of Kurdish ethnicity, composed of two parents and four children, who arrived on the Greek island of Milos on 9 October 2016 and expressed their intention to lodge an application for international protection. Only a few days later, the family was transferred to Türkiye as part of a joint return operation carried out by Greece and Frontex. Fearing that they might be sent back to Syria by the Turkish authorities, the family subsequently fled to Iraq.

Claiming that their transfer to Türkiye amounted to unlawful refoulement and that their fundamental rights were violated during the operation, the family sought compensation for material and non-material damage allegedly caused by Frontex before, during and after the return. The General Court dismissed the family’s action in 2023, reasoning that there was no causal link between the alleged conduct of Frontex and the harm suffered, and that the agency had no competence over the assessment of return decisions or applications for international protection.

On appeal, the Court of Justice largely set aside that judgment. It held that EU law imposes clear obligations on Frontex to ensure respect for fundamental rights in joint return operations and to verify the existence of enforceable return decisions for all persons included. The Court further clarified that any infringements of fundamental rights occurring during a return flight may engage the responsibility not only of the Member State but also of Frontex. The case is therefore referred back to the General Court, which must issue a new ruling taking into account Frontex’s obligations connected with the protection of the fundamental rights of persons included in joint return operations. 

For further information, please read the press release from the Court of Justice of the European Union. For further details, please find the judgment and other related documents on this page.