In his opinion of 15 June 2023 in Case C-755/21 P, Kočner v Europol, Advocate General Rantos concludes that EU law has introduced a system of joint and several liability between Europol and the Member State concerned for damage suffered as a result of unlawful data processing as a consequence of action by Europol or that Member State. Hence, Europol and a Member State in which damage occurred in relation to unlawful data processing can be jointly and severally liable.

Opinions of Advocates General propose legal solutions to a case that are not binding for the Court of Justice. It is now for the judges of the Court to begin deliberations in this case.