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EU: CJEU annuls Frontex decision on refusal of access request to documents
On April 24, 2024, the Court of Justice of the European Union (CJEU) published its judgement in Case T-205/22 Naass and Sea-Watch v Frontex.
What was the background to the Frontex decision?
In particular, the CJEU highlighted that Sea-Watch e.V., an organization carrying out search and rescue in the central Mediterranean Sea, requested the European Border and Coast Guard Agency (Frontex) for access to documents relating to Frontex operations.
What were the findings of the CJEU?
The CJEU determined that, while Frontex argued the requested documents fell within the scope of exceptions to the right of access, Frontex failed to mention the existence of a number of photographs covered by Sea-Watch's access request.
Specifically, Frontex stated that access to documentation was refused because the amount of information that would need to be redacted would be disproportionate to the residual information that could be disclosed. However, the CJEU found that the omission to mention the photographs did not justify the refusal to grant access. Accordingly, the CJEU annulled Frontex's decision.
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