Judgment of the General Court (Sixth Chamber) of 6 September 2023.WS and Others v European Border and Coast Guard Agency.Non-contractual liability – Regulation (EU) 2016/1624 – Directive 2013/32/EU – Directive 2008/115/EC – Frontex’s obligations relating to the protection of fundamental rights – No abuse of process – Admissibility – Causal link.Case T-600/21.

Judgment of the General Court (Sixth Chamber) of 6 September 2023 –WS and Others v Frontex

(Case T‑600/21) ( 1 )

(Non-contractual liability – Regulation (EU) 2016/1624 – Directive 2013/32/EU – Directive 2008/115/EC – Frontex’s obligations relating to the protection of fundamental rights – No abuse of process – Admissibility – Causal link)

1. Actions for damages – Autonomy in relation to the action for annulment – Limits – Claim for compensation for the material and non-material damage resulting from a decision by Frontex – Claim not seeking to obtain a result identical to that of an action for annulment brought against that decision – Admissibility

(Arts 268 and 340, second para., TFEU)

(see paragraphs 22, 25, 27-30)

2. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of the conditions not satisfied – Action for damages dismissed in its entirety – No causal link

(Art. 340, second para., TFEU)

(see paragraphs 35, 52, 53, 64-66, 68-72)

Operative part

The Court:

1. Dismisses the action;

2. Orders WS and the other applicants whose names appear in the annex to bear their own costs and to pay those incurred by the European Border and Coast Guard Agency (Frontex).

( 1 ) OJ C 481, 29.11.2021.