Klapakis-eu

EUROPEAN PARLIAMENT 2004

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2009

Committee on Petitions

30.08.2006

NOTICE TO MEMBERS Petition 0960/2005 by Dorilaos Klapakis (Greek), on the allegedly unlawful construction of a shopping mall in Marousi in Attiki 1.

Summary of petition

The petitioner maintains that a number of infringements of Greek building and environmental legislation have occurred in connection with the construction of a shopping mall in the Athens suburb of Marousi. Although the project has been declared illegal by the Greek Supreme Court, work is continuing without any action being taken by the authorities. The petitioner argues EU legislation is being infringed and is accordingly seeking action by the European Parliament to halt the building works. 2.

Admissibility

Declared admissible on 21 February 2006. Information requested from the Commission under Rule 192(4). 3.

Commission reply, received on 30 August 2006.

THE PETITION The petitioner maintains that a number of infringements of Greek building and environmental law have occurred in connection with the construction of a shopping mall in the Athens suburb of Maroussi. According to the petitioner, although the project has been declared illegal by the Greek Supreme Court, work is continuing without any action being taken by the authorities. The petitioner argues EC legislation is being infringed and he is accordingly seeking action by the European Parliament to halt the building works. THE COMMISSION’S COMMENTS ON THE PETITION According to the information submitted by the petitioner, the Greek Supreme Court judgement concerns land use management and urban planning and not the project itself. The EIA Directive (Directive 85/337/EEC1 as amended by Directive 97/11/EC1) requires an 1

OJ L 175, 5.7.1985

CM\628513EN.doc

EN

PE 378.478

EN

assessment of the environmental effects of certain projects which are likely to have significant effects on the environment. The projects are defined in Annexes I and II of the Directive. As land use management is not mentioned in the annexes, the Directive does not apply in this specific case. As regards the project itself, on the basis of the information transmitted by the petitioner the Commission considers that an EIA has been carried out, although the petitioner opposes the project due to its allegedly negative environmental impact. However, the EIA Directive does not prevent the competent authorities from authorising a project which may have negative effects on the environment. Consequently the Commission considers that it is not possible to establish an infringement of EC environmental law on the basis of the information provided. Concerning Community legislation on public procurement, the petition only contains general comments, which do not provide a sufficient basis for concluding that the Community rules on public procurement would be applicable to the issue in question.

1

OJ L 73, 14.3.1997

PE 378.478

EN

2/2

CM\628513EN.doc