EUROPEAN PARLIAMENT

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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 PE 378.478

EN 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 2/2 CM\628513EN.doc

EN