A Syrian family wants to apply for asylum in Greece but is taken to Turkey instead. The General Court dismisses her claim. The verdict could have far-reaching consequences.
A Syrian refugee family has failed in a lawsuit against the EU border protection agency Frontex before the General Court of the European Union.
The judges in Luxembourg ruled that the damage that may have been suffered cannot be directly attributed to the behavior of Frontex. Frontex is also not responsible for examining return decisions or asylum applications. Therefore, the authority cannot be held liable for damages. Non-governmental organizations have repeatedly accused Frontex of not adequately protecting the rights of refugees.
The family of six came to Greece in 2016. According to the EU court, she had expressed her interest in applying for asylum. A few days later she was flown to Turkey in a so-called joint return operation by Greece and Frontex.
Plaintiffs demanded 100,000 euros
The family, now living in Iraq, complains that Frontex acted illegally. Her asylum application should have been examined before she was taken out of the EU. In addition, Frontex violated the prohibition of degrading treatment and disregarded the right to effective legal protection and the rights of children. They demanded more than 100,000 euros in damages.
The judges did not agree. The agency only has the task of providing technical and operational support to the EU states during return campaigns. The judgment can still be appealed to the highest court in the EU, the European Court of Justice (ECJ).
Source: Stern
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