EncroChat: CW’s damages appeal against Europol dismissed
On 12 March 2026 the EU Court dismissed CW’s appeal as manifestly unfounded. Case C-565/25 P concerns his personal damage from alleged unlawful processing of EncroChat data.
CW originally sought €10,000 for non-material damage. The General Court dismissed case T-148/24 on 26 June 2025: the claim against Eurojust was manifestly inadmissible and the alleged damage caused by Europol had not been established.
On appeal CW challenged the Europol part and sought €5,000 or symbolic compensation. He wanted the alleged unlawfulness assessed first. The Court confirmed that unlawful conduct, actual damage and a causal link are cumulative requirements. If damage is unproven, the court need not first determine lawfulness.
New evidence could not be introduced on appeal where it could already have been produced before the General Court. The Court dismissed the appeal and ordered CW to bear his own costs.









































