ABSTRACT – The WS and Others v. Frontex case (C-679/23 P), currently pending before the Court of Justice, provides an opportunity to examine the procedural and substantive implications of the European Union’s non-contractual liability under Articles 268 and 340 (2) TFEU, in situations where a single harm may be attributed jointly to an EU agency, such as Frontex, and a Member State. The article first analyses how shared liability may be established in the context of joint return operations and, consequently, considers the implications in terms of determining the competent court, assessing the substantive conditions for liability, and compensating the harm suffered. Particular attention is given to the latter aspect, considering both the competent court and the quantification of damages. In this respect, and in the absence of an explicit provision in EU secondary law, the article explores whether a general principle of EU law could justify recognising joint and several liability between the two actors involved, in order to ensure effective compensation for the applicants.
