The complainant asked the European Border and Coast Guard Agency (Frontex) for access to documents related to Joint Return Operations (JROs) and National Return Operations (NROs) coordinated by it between 1 July 2024 and 31 December 2024.

Frontex identified 232 documents as falling within the scope of the request and granted partial access to 62. In refusing to grant further access to these documents, it invoked exceptions under the EU legislation on public access to documents, arguing that disclosure could undermine the protection of the public interest as regards public security and international relations, as well as the commercial interests of legal persons, including intellectual property, and its own decision-making process.

The complainant asked Frontex to review its decision (by making a ‘confirmatory application’). During the review, Frontex identified additional documents (grant agreements) and 123 additional final return operation reports. It provided partial access to the newly identified grant agreements but maintained its position regarding the rest of the documents.

Dissatisfied with Frontex’s decision, the complainant turned to the Ombudsman. The Ombudsman opened an inquiry into the matter, requesting a meeting with Frontex representatives and seeking to inspect a sample of the documents at issue.