This article was first published to EU Law Analysis here: https://eulawanalysis.blogspot.com/2023/11/judicial-control-over-alleged-breaches.html?m=1. Advocate General (‘AG’) Ćapeta delivered her Opinion in Joined Cases C-29/22 P and C-44/22, KS and KD, on 23 November 2023. She proposed that individuals may bring an action for damages against the EU