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http://dx.doi.org/10.59704/27e6eeaa45aec951 https://verfassungsblog.de/from-directness-to-foreseeability/ From Directness to Foreseeability - On the CJEU’s Causal Inquiry in Overdetermined Refoulement Katsoni, Spyridoula eng 2026-03-06 electronic resource text/html ddc:342 CJEU EU Frontex W.S. and Others v Frontex foreseeability refoulement the causal test of directness EU Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 On 18.12.2025, the CJEU issued its judgment on the appeal against the General Court’s Order in W.S. and Others v Frontex. The judgment is uniquely important as the CJEU deviated from the academics’ view that the causal inquiry shall be conducted in two steps and used instead the causal test of directness. Given that adjudicating fora is increasingly relying on the test of foreseeability, the CJEU should implement this method where Frontex and the EU Member States are involved in refoulement-related damage.