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13/12/2023
EU: The General Court rejected the action for damages brought by a Syrian national against Frontex for allegedly being sent back out to sea from Greece in the direction of Türkiye.

ECLI
Input Provided By
EUAA IDS
Source
Type
Order
Original Documents
Relevant Legislative Provisions
Other EU legislation
Reference
European Union, General Court, Hamoudi v Frontex, T-136/22, 13 December 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3891
Case history
Other information

European Union, General Court, WS and Others v European Border and Coast Guard Agency (Frontex), T-600/21, ECLI:EU:T:2023:492, 06 September 2023. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

According to the Curia press release of 13 December 2023:


"A Syrian national claims that he arrived in Greece from Turkey to seek asylum but that, on that same day, he was sent back out to sea. The day after, a vessel of the Turkish coast guard took him aboard and relocated him to Turkish territory. According to him, during his time at sea, a private surveillance aeroplane, operated by the European Border and Coast Guard Agency (Frontex), flew over the scene several times. Since he did not have access to the asylum system in Turkey, he lived as a clandestine under threat of refoulement to Syria. By his action before the General Court of the European Union, that Syrian national requests that Frontex be ordered to pay him a total sum of €500,000 in damages as compensation for the non-material damage he claims to have suffered on account of the unlawful measures allegedly taken against him by the Greek authorities. By its order, the General Court, after assessing the evidence adduced by the Syrian national, dismisses the action as manifestly lacking any foundation in law, since he did not demonstrate the actual damage he claims to have suffered. More specifically, the Court held that the evidence produced was manifestly insufficient to demonstrate conclusively that he was present at and involved in the alleged incident. Consequently, the condition relating to reliance on actual damage, which must be satisfied in order for Frontex to incur non-contractual liability, was clearly not met."


Country of Decision
European Union
Court Name
EU: General Court
Case Number
T-136/22
Date of Decision
13/12/2023
Country of Origin
Syria
Keywords
Access to procedures
Return/Removal/Deportation
Other Source/Information
Curia Press release