On 13 December 2023, the General Court issued an order in Case T-136/22 Hamoudi v Frontex, dismissing the action for damages of the Syrian national against Frontex. He claimed that he had been sent back out to sea the same day he arrived in Greece from Turkey to seek asylum. According to the claimant, Turkish coast guards took him aboard the next day and relocated him to Turkish territory. There, he had no access to the asylum system and hence lived clandestinely under threat of refoulement to Syria. As a compensation for this non-material damage, the claimant requested that the EU Court order Frontex to pay him a total sum of €500.000 in damages.

The General Court dismissed the action, holding that the evidence produced was manifestly insufficient to demonstrate conclusively that the claimant was involved in the alleged incident and had been present at all. As a consequence, the condition relating to reliance on actual damage, which must be satisfied in order for Frontex to incur non-contractual liability, was clearly not met.