Court of Justice clarifies jurisdiction over administrative acts in Common Foreign and Security Policy missions

Today, the Court of Justice has delivered its judgment in joined cases KS and KD v Council and Others (C-29/22 P) and Commission v KS and Other (C-44/22 P) concerning its jurisdiction over acts under the Common Foreign and Security Policy (CFSP). This case arose after KS and KD, relatives of individuals who disappeared or were killed in Kosovo in 1999, challenged the EU's civilian mission in Kosovo (Eulex), claiming human rights violations during its investigations. The General Court had previously dismissed the case, citing lack of jurisdiction due to CFSP’s political nature (KS v Council and Others (T-840/16) and KS and KD v Council and Others (T‐771/20).

The case began with Eulex, established in 2008 to investigate crimes commi