CJEU: order in Case T-600/22 (ST v European Border and Coast Guard Agency)

On 28 November 2023, the Court of Justice of the European Union (General Court) issued an order in Case T-600/22 (ST v European Border and Coast Guard Agency), addressing allegations of unlawful inaction by the European Border and Coast Guard Agency (Frontex) in the context of asylum rights and regulatory procedures (Article 46(4), Regulation (EU) 2019/1896). The applicant, ST, sought a declaration of Frontex’s failure to act or, alternatively, the annulment of Frontex’s decision refusing to suspend or terminate activities in the Aegean Sea. The dispute arose from an NGO’s invitation to Frontex, representing an anonymous individual and seeking action regarding Frontex’s Aegean Sea activities. However, the Court found the action inadmissible on the grounds that ST failed to demonstrate being the anonymous person behind the pre-litigation invitation, and lacked a vested, present interest in the annulment of Frontex’s decision. The Court dismissed the action entirely, citing ST’s inability to prove identity and establish the decision’s direct impact on his situation. The order can be read here.