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EUROPEAN UNION COURTS

FM v Frontex

Challenging Frontex’s Aerial Surveillance Activities and Complicity in Pullbacks to Libya

Court

General Court of the European Union

Case

T-511/24 — FM v Frontex

Filed

4 October 2024

Legal basis

Article 265 TFEU · Article 46(4), Regulation 2019/1896

Status

Pending

Supported by

Digital Freedom Fund. Refugees in Libya . Front-LEX

Refugees in Libya and front-LEX filed a legal notice pursuant to Art. 265 TFEU requesting Frontex’s Executive Director, Mr. Hans Leijtens, to partially terminate the Agency’s aerial surveillance activities in the ‘pre-frontier area’ in the Central Mediterranean.

To prevent asylum seekers fleeing crimes against humanity in Libya from reaching the EU, Frontex systematically and unlawfully transmits the geolocalisation of refugee boats at high seas to the Libyan Coast Guard/Libyan Militia. Every day, Frontex allows for the systematic interception and ‘pulling back’ of refugees to Libya, from where they have managed to escape by the skin of their teeth, and where they are subjected once more to crimes against humanity. Now, front-LEX, on behalf of X.Y. a refugee trapped in Libya, brings an unprecedented legal challenge against Frontex’s airborne complicity.

Between 2021 and 2023, Frontex has shared 2,200 emails communicating the exact geolocalisation data of refugee boats with Libyan actors to enable their unlawful interception and forcible return back to Libya. There, the ‘pulled back’ refugees are arbitrarily detained and subjected to crimes against humanity of, inter alia, murder, enforced disappearance, torture, enslavement, sexual violence, rape, and other inhumane acts. It is Frontex’s sharing of geolocalisation data which enables the commission of these crimes – making the Agency complicit in the ongoing and systematic attack directed against refugees and asylum seekers in the Central Mediterranean.

Frontex’s complicity in these ‘pullbacks’ and ensuing crimes against humanity committed against refugees has been well-documented by leading human rights organisations, UN organs, and investigative journalists. Now, based on this clear-cut evidence, Refugees in Libya and front-LEX filed an unprecedented legal notice challenging the Agency’s airborne complicity in crimes against humanity committed against people on the move.

UPDATE – October 2024

In October 2024, Refugees in Libya and front-LEX filed a groundbreaking legal action for failure to act before the Court of Justice of the European Union (The General Court) on behalf of FM, a young asylum seeker from Sudan stranded in Libya, with no access to an asylum procedure or any form of protection from the crimes against humanity committed against migrants there. The case seeks to hold Frontex accountable for its complicity in the systematic interception and ‘pulling back’ of refugees to Libya, from where they have managed to escape by the skin of their teeth, and where they are subjected once more to crimes against humanity.

After fleeing persecution in Sudan, FM lives in hiding in Libya. He was recently diagnosed with a serious illness and lacks access to medical care, shelter, or basic safety. Upon his imminent and unavoidable crossing of the Central Mediterranean in search of international protection, and like thousands of other migrants and refugees intercepted at sea, he faces the risk of being detected by Frontex, handed over to Libyan entities, and, upon his forced disembarkation in Libya, being subjected to arbitrary detention, torture, sexual violence, and even death in Libyan detention camps. While every migrant in Libya is at risk of being arbitrary detained and subjected to crimes against humanity, this risk is exponentially higher for those intercepted at sea by Libyan entities. Thus, FM’s only chance to protect his life is to cross the Mediterranean, but to do so he needs to be sure that he won’t be detected by Frontex.

As our legal filing outlines, Frontex claims that its one and only legal obligation is to inform the “responsible” rescue coordination centre — which in many parts of the central Mediterranean is nominally Libyan. But this is a legal fiction: Frontex has more than one legal obligation, and among them is a prohibition on returning persons to places where they will face persecution or torture. This obligation derives from EU primary law and is constitutional in nature.

Without Frontex’s aerial surveillance activities and communications infrastructure, Libyan authorities would not be able to detect refugee boats at sea. FM v. Frontex seeks a declaration that Frontex unlawfully failed to act and to fulfil its obligations under Article 46(4) of its founding Regulation, by not suspending or terminating the unlawful provision of information to Libyan entities on the location of refugee boats fleeing crimes against humanity in Libya.

UPDATE – April 2025

The General Court has decided to reserve its decision on Frontex’s plea of inadmissibility until it rules on the substance of the case. For the first time in such judicial proceedings brought by victims of its activities, the Agency will be required to submit a Defence to our corroborated allegations, and the Court will examine the substance of the case. This is a critical step in advancing accountability for the agency’s illegal practices.

Official EU Case Record — T-511/24

General Court of the European Union

General Court Procedural Decision — 11 April 2025

Decision reserving Frontex’s plea of inadmissibility and directing the Agency to lodge its Defence.

Latest

MEDIA COVERAGE / ADVOCACY 

OHCHR / UNSMIL

Business as Usual: Human Rights Violations and Abuses against Migrants, Asylum-Seekers, and Refugees in Libya

UN report documenting widespread and systematic violations against migrants, asylum seekers and refugees in Libya, including refoulement, arbitrary detention, torture, trafficking and impunity; part of the evidentiary context cited around FM v Frontex.

Feb 17, 2026

Verfassungsblog

Frontex Under Scrutiny: Hamoudi’s Burden Shifting Precedent and Its Implications for FM v Frontex

Legal analysis of how the CJEU’s Hamoudi judgment may affect FM v Frontex, including evidentiary burdens, Frontex’s independent fundamental-rights obligations and alleged complicity through aerial surveillance and data sharing.

Feb 13, 2026

elDiario.es

El sudanés que ha llevado a Frontex ante la Justicia: “Morir en el mar es más compasivo que seguir atrapado en Libia”

Interview and detailed profile of the Sudanese applicant behind FM v Frontex, his life in hiding in Libya, medical vulnerability and challenge to Frontex’s cooperation with Libyan actors.

Aug 7, 2025

il manifesto

Cambio di rotta, Frontex si può giudicare

Analysis of the April 2025 procedural development in FM v Frontex and its significance for judicial scrutiny of Frontex’s cooperation with Libyan actors.

May 29, 2025

Altreconomia

“Non vorrei rimandare le persone in Libia”. La falsa narrazione del direttore di Frontex

Examines Frontex director Hans Leijtens’ public justification for sharing boat locations with Libya and the legal challenge brought by Refugees in Libya and front-LEX.

May 12, 2025

InfoMigrants (press review copy)

Lampedusa : plus de 1 600 arrivées en 5 jours “avec l’amélioration des conditions météorologiques”, note Frontex

French-language coverage of Frontex aerial surveillance in the Central Mediterranean that also recalls the legal challenge seeking an end to surveillance practices facilitating returns to Libya.

May 1, 2025

Sea-Watch

Quarterly Factsheet — October to December 2024

Sea-Watch monitoring and documentation from the Central Mediterranean providing operational context on aerial surveillance, interceptions and returns relevant to the FM v Frontex litigation.

Dec 31, 2024

Fanpage.it

“Frontex complice dei respingimenti illegali in Libia”, la denuncia delle Ong alla Corte di giustizia Ue

Detailed Italian coverage of FM v Frontex featuring Refugees in Libya, the 2,200 geolocation communications and allegations that Frontex facilitates interceptions and forced returns to Libya.

Dec 19, 2024

EUR-Lex / Official Journal of the European Union

Case T-511/24: Action brought on 4 October 2024 – FM v Frontex

Official EU publication of the action for failure to act, setting out FM’s request that the General Court find Frontex unlawfully failed to suspend or terminate activities resulting in information being provided to Libyan entities.

Nov 25, 2024

Público

Frontex retuerce el derecho humanitario para zafarse de un caso judicial y alega que cruzar el mar en busca de asilo es ilegal

Exclusive Spanish reporting on Frontex’s response to the legal challenge, including its arguments about irregular crossings and the protection claims of the Sudanese applicant.

Nov 1, 2024

IrpiMedia

The other side: migrants by migrants. The Refugees in Libya case

Long-form investigation into refugee-led documentation and strategic litigation, including the origins of the Frontex challenge and Refugees in Libya’s role in connecting the applicant to legal action.

Oct 31, 2024

MicroMega

Respingimenti in Libia, due Ong accusano Frontex

Italian coverage of the case brought by Refugees in Libya and front-LEX, alleging a direct Frontex role in enabling Libyan interceptions through technical and informational support.

Oct 31, 2024

nd / Neues Deutschland

Frontex gibt halbe Milliarde für Luftüberwachung aus

German reporting on Frontex’s large expenditure on aerial surveillance and research documenting continued involvement in pullbacks to North Africa, in the context of the legal challenge.

Oct 31, 2024

Altreconomia

Oltre 27mila naufraghi respinti in Libia e Tunisia grazie a Frontex. La nuova ricerca di Liminal

Investigation based on Liminal research linking Frontex aerial surveillance to more than 27,000 returns to Libya and Tunisia and discussing the FM litigation brought by Refugees in Libya and front-LEX.

Oct 28, 2024

elDiario.es

Frontex cumple 20 años, entre escándalos y denuncias ignoradas: “Cada vez es más fuerte y más opaca”

Broader examination of Frontex accountability and opacity published shortly after FM v Frontex was filed, linking to the Sudanese applicant’s challenge over cooperation with Libya.

Oct 25, 2024

elDiario.es

Un joven migrante en Libia lleva a Frontex ante la Justicia europea por violar el derecho humanitario internacional

Major Spanish report on the filing of the legal action, the applicant’s situation in Libya, Frontex’s surveillance practices and the role of Refugees in Libya and front-LEX.

Oct 7, 2024

InfoMigrants (archived copy)

Surveillance aérienne des canots de migrants en Méditerranée : Frontex poursuivi en justice

French-language report on the initial Article 265 legal notice by Refugees in Libya and front-LEX seeking to stop Frontex aerial-surveillance practices that facilitate interceptions by Libyan actors.

Jun 3, 2024

Público

Un solicitante de asilo contra Frontex: por primera vez una víctima del sistema migratorio europeo denuncia a la agencia

Spanish report on the unprecedented legal notice brought on behalf of a Sudanese asylum seeker trapped in Libya, challenging Frontex’s transmission of boat geolocation data.

May 31, 2024

Nigrizia

Frontex sotto accusa: prove di complicità in crimini contro l’umanità

Italian coverage of the legal notice by Refugees in Libya and front-LEX seeking to halt the transmission of refugee-boat geolocation data to Libyan authorities.

May 31, 2024

Il Fatto Quotidiano

Profugo sudanese intrappolato in Libia fa causa a Frontex: “L’agenzia europea è complice di crimini contro l’umanità”

Early Italian coverage of the Article 265 legal notice, presenting the Sudanese applicant’s circumstances and allegations that Frontex aerial surveillance facilitates crimes against humanity in Libya.

May 30, 2024

Refugees in Libya

Challenging the Complicity of Frontex's Aerial Surveillance Activities in Crimes Against Humanity

Refugees in Libya’s original case page describing the Article 265 legal notice, the applicant’s situation and the challenge to Frontex’s aerial surveillance and information-sharing with Libyan actors.

May 29, 2024

front-LEX

Challenging the Complicity of Frontex’s Aerial Surveillance Activities in Crimes Against Humanity

Strategic-litigation case page documenting the initial legal notice, the October 2024 General Court action and the April 2025 procedural development in FM v Frontex.

May 29, 2024

Lighthouse Reports

2,200 Frontex emails to Libya

Investigation revealing that Frontex shared migrant-boat locations with the Libyan Coast Guard more than 2,000 times in three years despite documented violence; a central evidentiary basis for the litigation.

Feb 12, 2024

United Nations Human Rights Council

Final report of the Independent Fact-Finding Mission on Libya

UN fact-finding report documenting grounds to believe crimes against humanity were committed against migrants in Libya, forming part of the factual and legal context underlying the Frontex challenge.

Mar 27, 2023

United Nations Human Rights Council

Press Conference with the United Nations Independent Fact-Finding Mission on Libya

Public presentation of the Fact-Finding Mission’s findings on serious abuses and crimes against migrants and refugees in Libya, relevant to the risk of forced return at the heart of FM v Frontex.

Mar 27, 2023

Human Rights Watch / Border Forensics

Airborne Complicity: Frontex Aerial Surveillance Enables Abuse

Multimedia investigation showing how Frontex aerial surveillance facilitates Libyan interceptions and returns to abuse; one of the principal bodies of evidence underpinning the later legal challenge.

Dec 8, 2022

Sea-Watch

So-called Libyan Coast Guard firing shots at migrant boat in distress

Aerial documentation of a Libyan Coast Guard vessel firing toward and attempting to intercept a refugee boat in the Maltese SAR zone; cited as evidence of the risks attached to information-sharing with Libyan actors.

Jul 5, 2021

Verfassungsblog

Frontex Under Scrutiny: Hamoudi’s Burden Shifting Precedent and Its Implications for FM v Frontex

Legal analysis of how the CJEU Grand Chamber’s Hamoudi judgment may affect the pending FM v Frontex case, including evidentiary burdens, Frontex’s independent fundamental-rights duties and responsibility for geolocation data-sharing.

Feb 13, 2026

elDiario.es

El sudanés que ha llevado a Frontex ante la Justicia: “Morir en el mar es más compasivo que seguir atrapado en Libia”

Interview and in-depth report on the Sudanese applicant behind FM v Frontex, his life in hiding in Libya, lack of protection and medical care, and the challenge to Frontex’s cooperation with Libyan actors.

Aug 7, 2025

il manifesto

Cambio di rotta, Frontex si può giudicare

Analysis of the General Court’s decision to require Frontex to defend the substance of the Sudanese applicant’s case, and of the agency’s legal obligations concerning interceptions and returns to Libya.

May 29, 2025

Altreconomia

“Non vorrei rimandare le persone in Libia”. La falsa narrazione del direttore di Frontex

Examines Frontex director Hans Leijtens’ claim that the agency has no alternative to informing Libyan authorities and places those statements against the pending legal action brought with Refugees in Libya and front-LEX.

May 12, 2025

InfoMigrants

Lampedusa : plus de 1 600 arrivées en 5 jours “avec l’amélioration des conditions météorologiques”, note Frontex

French-language coverage of Frontex aerial surveillance in the Central Mediterranean that references the legal challenge seeking an end to surveillance practices alleged to facilitate returns to Libya.

May 1, 2025

Sea-Watch

Quarterly Factsheet October – December 2024

Sea-Watch records its support for the FM v Frontex litigation, noting that it supplied airborne-operation expertise and evidence concerning Frontex surveillance and pullbacks to Libya.

Apr 1, 2025

InfoMigrants

Court imposes ‘impossible requirement’ on asylum seekers in Frontex cases, say activists

Coverage of access-to-justice barriers in litigation against Frontex and the evidentiary/admissibility dilemma faced by asylum seekers challenging pushbacks and border-agency conduct.

Dec 19, 2024

Fanpage.it

“Frontex complice dei respingimenti illegali in Libia”, la denuncia delle Ong alla Corte di giustizia Ue

Detailed interview-based report on FM v Frontex, Refugees in Libya’s allegations concerning 2,200 location-sharing communications, and the risks of detention, torture, slavery, rape and killing after pullbacks.

Dec 19, 2024

EUR-Lex / Official Journal of the European Union

Case T-511/24: Action brought on 4 October 2024 – FM v Frontex

Official EU publication of the action for failure to act. FM asks the General Court to declare that Frontex unlawfully failed to suspend or terminate activities resulting in direct or indirect provision of information to Libyan entities.

Nov 25, 2024

IRPI Media

The other side: migrants by migrants. The Refugees in Libya case

Coverage of Refugees in Libya and refugee-led documentation and advocacy, included by front-LEX in the media and advocacy record surrounding the Frontex litigation.

Oct 31, 2024

MicroMega

Respingimenti in Libia, due Ong accusano Frontex

Italian report on Refugees in Libya and front-LEX’s case accusing Frontex of directly enabling Libyan Coast Guard interceptions by supplying technical and location information.

Oct 31, 2024

nd / Neues Deutschland

Frontex gibt halbe Milliarde für Luftüberwachung aus

German coverage of Frontex’s major spending on aerial surveillance and research linking surveillance flights to pullbacks to Libya and Tunisia, part of the evidentiary context of the litigation.

Oct 31, 2024

Altreconomia

Oltre 27mila naufraghi respinti in Libia e Tunisia grazie a Frontex. La nuova ricerca di Liminal

Investigation based on Liminal research identifying hundreds of cases in which Frontex aerial detection preceded interceptions and returns to Libya or Tunisia; directly discusses the legal action by Refugees in Libya and front-LEX.

Oct 28, 2024

elDiario.es

Un joven migrante en Libia lleva a Frontex ante la Justicia europea por violar el derecho humanitario internacional

Extensive Spanish-language report on the filing of FM v Frontex, the Sudanese applicant’s circumstances, Frontex aerial surveillance, the 2,200 communications with Libya and the legal theory under EU fundamental-rights law.

Oct 7, 2024

Il Fatto Quotidiano

Migranti, ong contro Frontex. “La Corte di giustizia Ue impedisca all’agenzia di segnalare le imbarcazioni alla guardia costiera libica”

Reports the October 2024 court action by Refugees in Libya and front-LEX and the request that the EU court stop Frontex from directly or indirectly supplying boat-location information to Libyan entities.

Oct 7, 2024

EUobserver

Stuck in Libya, the Sudanese refugee frightened of both Frontex and coast guard

Early profile of the Sudanese applicant while still trapped in Libya, documenting his fear of Frontex-enabled interception, lack of protection and the May 2024 formal notice challenging Frontex’s cooperation with Libyan actors.

Jun 3, 2024

InfoMigrants

Surveillance aérienne des canots de migrants en Méditerranée : Frontex poursuivi en justice

French-language report on the legal challenge by Refugees in Libya and front-LEX seeking to stop Frontex aerial-surveillance practices that transmit refugee-boat geolocation data to Libyan authorities.

Jun 3, 2024

Refugees in Libya

Challenging the Complicity of Frontex's Aerial Surveillance Activities in Crimes Against Humanity

Refugees in Libya’s original case page announcing the Article 265 TFEU legal notice and setting out the allegation that Frontex aerial surveillance and geolocation sharing enable interceptions and pullbacks to Libya.

Jun 1, 2024

Público

Un solicitante de asilo contra Frontex: por primera vez una víctima del sistema migratorio europeo denuncia a la agencia

Major Spanish report on the unprecedented legal challenge by a Sudanese asylum seeker in Libya, supported by Refugees in Libya and front-LEX, seeking to stop Frontex geolocation sharing with Libya.

May 31, 2024

Nigrizia

Frontex sotto accusa: prove di complicità in crimini contro l’umanità

Italian coverage of the legal notice challenging Frontex’s aerial surveillance and transmission of refugee-boat geolocation data to Libyan authorities and militias.

May 31, 2024

Il Fatto Quotidiano

Profugo sudanese intrappolato in Libia fa causa a Frontex: “L’agenzia europea è complice di crimini contro l’umanità”

One of the first major Italian reports on the legal notice, describing the Sudanese applicant’s situation in Libya and the allegation that Frontex surveillance enables forced returns to crimes against humanity.

May 30, 2024

front-LEX

Challenging the Complicity of Frontex’s Aerial Surveillance Activities in Crimes Against Humanity

Primary litigation page for FM v Frontex, covering the May 2024 Article 265 notice, the October 2024 action before the General Court and the April 2025 procedural development.

May 29, 2024

Dutch House of Representatives

De samenwerking van Frontex met de Libische kustwacht

Parliamentary questions prompted by investigations into Frontex’s 2,200 communications with the Libyan Coast Guard, addressing the legal basis for cooperation, aerial patrols, human-rights obligations and information reaching militias.

Feb 21, 2024

Lighthouse Reports

2,200 Frontex emails to Libya

Investigation revealing that Frontex shared migrant-boat locations with Libya’s coast guard approximately 2,200 times in three years despite documented violence; a central evidentiary foundation for the later legal challenge.

Feb 12, 2024

Lighthouse Reports

Frontex and the pirate ship

Investigation documenting Frontex and Maltese sharing of refugee-boat coordinates with a Libyan militia-linked vessel, forming part of the factual background later cited in scrutiny of Frontex’s Libya cooperation.

Dec 11, 2023

United Nations Human Rights Council / OHCHR

Final report of the Independent Fact-Finding Mission on Libya

Final UN fact-finding report concluding there were reasonable grounds to believe crimes against humanity were committed against migrants in Libya; a central factual foundation cited in the Frontex challenge.

Mar 27, 2023

United Nations Office at Geneva

Fact-Finding Mission Libya Press Conference – 27 March 2023

UN press conference presenting findings that migrants and Libyan civilians had been subjected to crimes against humanity, including arbitrary detention, torture, sexual violence and exploitation.

Mar 27, 2023

Human Rights Watch / Border Forensics

Airborne Complicity: Frontex Aerial Surveillance Enables Abuse

Major investigation reconstructing how Frontex-chartered aircraft detect boats in the Central Mediterranean and facilitate interceptions by Libyan forces, concluding that aerial surveillance enables returns to systematic abuse.

Dec 8, 2022

Sea-Watch e.V.

So-called Libyan Coast Guard firing shots at migrant boat in distress

Sea-Watch aerial documentation of a Libyan Coast Guard vessel firing at and attempting to ram a boat carrying around 50 people in the Maltese SAR zone; later used as evidence of the dangers associated with pullbacks.

Jul 5, 2021

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