The Kythera Citizens' Movement will appeal to the Council of State after the latest developments in the hearing of the applications for the annulment of electricity generation licenses at the Athens Administrative Court of Appeal. Read in detail:
PRESS RELEASE-CITIZENS' MOVEMENT OF KYTHERA
The developments on the issue of the establishment of industrial plants in Kythera are of particular interest. The P.A.E. (Regulatory Authority for Energy) escaped the worst, since with the court's favour it “preferred” to transfer the legal dispute with residents and friends of Kythera to the halls of the Council of State (Council of State) where the final hearing of the cases will take place.
Background.
On 14-15 March 2023 the Athens Administrative Court of Appeal heard the applications for annulment of the Production licences electricity which had been awarded to the companies of interest ELLAKTOR (Agia Pelagia, Mylopotamos) and COPELOUZOU (Finikies and Mermigaris).
With preliminary ruling on 27-5-2022, the court had given R.A.E. one month to prove that the posting of the production licences had been published on its website in time, otherwise the licences would be deemed invalid as the law requires! However, R.A.E. did not provide sufficient evidence and the permits were posted on its website 2 years later!
So what did the court decide?;
After a number of memoranda submitted by R.A.E. to justify the unjustified, the three-judge court by a vote of 2-1, in the first case (ELLAKTOR) abolish the trials! and the second (Kopelouzos) rejected the applications for annulment!
It is worth mentioning that in both cases, the judge who acted as rapporteur clearly took the side of the island, i.e. the citizens and the associations that had filed the applications for annulment. You can see details of the court's legal acrobatics at
https://kythira-windturbines.com/el/decisions-administrative-court/
Conclusion.
The above decisions do not change anything in our planning. Every day we are making sure to shield the struggle at the legal level either by making timely interventions or by increasing the ‘piggy bank’ of financial support. We are ready for an appeal to the Council of State (CoE) and we are optimistic. Why?;
Here, then, it is worth noting something that gives us cause for optimism. The decision of the Athens Administrative Court of Appeal seems to be grossly unfair to Kythera and its inhabitants. However, the fact is that, with incomplete documentation, it has overturned the facts of the preliminary ruling. We have arguments that are unshakable, we have justice on our side. Both the preliminary ruling of the Court of First Instance and the legal documentation of the applicant constitute an important “dowry” for the continuation of the legal struggle on the benches of the CoE.
The legal costs will be high and your contribution is necessary through the account number of the KYTHIRAIKOS INSTITUTION OF CULTURE AND DEVELOPMENT (K.I.P.A.) at the NATIONAL BANK.
National Bank: 380/002419-84
IBAN:GR2301103800000038000241984 BIC: ETHNGRAA
Grounds for the application: legal costs of the BAPI
