WS and Others v Frontex (CJEU, C-679/23 P): No Longer Immune, Not Yet Accountable

On 18 December 2025, the Court of Justice of the European Union (CJEU/Court) delivered its Grand Chamber judgment in Hamoudi v Frontex (C-136/24 P) and WS and Others v Frontex (C-679/23 P), two actions for damages brought against the European Border Coast Guard Agency (EBCGA or Frontex). For the first time in the Agency's history, judicial actions brought against Frontex for fundamental rights violations managed to go through the admissibility stage. In Hamoudi, the Court set aside the General Court’s inadmissibility decision and referred the case back to it. In WS, the Court partially set aside the first instance judgment and referred it back as well. This note analyses the WS judgment, its key holdings, and the unresolved questions.