The case was connected with the fact that Front-Lex and Legal Centre Lesvos invited Frontex to suspend or terminate its activities in the Aegean Sea region in accordance with Article 46(4) of Regulation 2019/1896. Frontex informed them, in detail, that the conditions for the adoption of a decision to withdraw financing, to suspend or to terminate its activities in the Aegean Sea, under that provision of Regulation 2019/1896, were not satisfied in the present case. The applicantion to CJEU was seeking a declaration that Frontex unlawfully failed to adopt a decision suspending or terminating its activities in the Aegean Sea region. CJEU found the application inadmissible because Frontex in the CJEUs opinion defined its position on the invitation to act and explained in clear terms why it did not intend to suspend or to terminate its activities- The Court furthermore explained that applicants cannot therefore validly maintain that Frontex did not adopt a position on the invitation to act and thaz the fact that Frontex refused to act in accordance with the invitation to act has no bearing, in that regard, on the admissibility.
SS and ST v Frontex – T-282/21
Relevant Law Article 46(4) Regulation (EU) 2019/1896; Article 130(1) Rules of Procedure; Article 265 TFEU; Regulations (EU) No 1052/2013 and (EU) 2016/1624
Found for Inadmissible