Answer to Written Question: Follow-up to the answer from the Commission and Frontex about the Frontex legal case against transparency campaigners

(Source: European Parliament)



Answer given by Ms Johansson

on behalf of the European Commission


1. The European Border and Coast Guard Agency (Frontex), like any other decentralised Union agency, is bound by the applicable financial regulations[1] to request the payment of duly established amounts receivable from the unsuccessful party in court cases. However, those financial regulations include also a possibility to waive all or part of an established amount where recovery is inconsistent with the principle of proportionality. The rules require the authorising officer to assess the impact that waiving of a recovery would have on the operation of the Union and its financial interests (amount involved, risk of setting a precedent, undermining of the authority of the law). It is up to Frontex to establish and justify the amounts considered to be recoverable and, in case of disagreement, to submit an application to the European Court of Justice for taxation of costs, pursuant to Article 170(1) of the Rules of Procedure of the Court. The Commission notes that on 26 March 2021, the Court issued an order[2] on request from Frontex, setting out the total amount to be reimbursed to Frontex by the unsuccessful party in relation to the case referred to by the Honourable Member.

2. The second and third questions were addressed to and fall under the responsibility of the European Border and Coast Guard Agency (Frontex). The Commission has therefore asked the Agency to provide the details requested by the Honourable Member. The Agency’s reply will be sent by the Commission to the Honourable Member as soon as possible.

[1] Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, OJ L 193 of 18.7.2018. p.1.

Management Board Decision 19/2019 of 23 July 2019 adopting the Frontex Financial Regulation.


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