Mykonos: ΣτΕ temporarily bans jet skiing in Platys Gialos

For reasons of public interest relating to the safety of bathers, the Council of State temporarily suspended the operation of a rental business means of marine recreation (jet ski, etc.) on the beach Platis Gialos of Mykonoswhile with another decision he approved the installation of a private floating platform on the coast of Aleomandra – Cavo Glyfadi of Mykonos.

In particular, the management of the Mykonian Dove hotel unit in Platys Gialos had appealed to the Court of Appeals and asked for the annulment of the decision of the Mykonos Port Authority dated 2.11.2021, which renewed the approval for renting marine recreational facilities granted to a businessman. hotel unit he’s got:

1) install a floating platform 36.5 meters long,

2) rents marine recreational facilities, such as 3 jet ski, 20 sea rings, 2 sea sleds, a water propulsion system (flyboart) which is connected to a sea moped, 3 canoes, 3 stand up paddling, 4 water skis, etc. . and

3) has and operates 7 vessels for the needs of support of the specific maritime activities.

Earlier, the competent authorities had taken a decision to transfer the business of renting marine leisure equipment and the platform from the beach of Platys Gialos to the nearby beach, Megali ‘Ammos. However, the businessman of the marine means of recreation, appealed to the Administrative Court of Appeal of Piraeus and the latter with his temporary order (20.4.2022) “froze” the transfer of the company from Platys Gialos to Megali ‘Ammos.

Today, the CoC, by decision of the Suspension Committee (65/2022), ruled that “there are reasons of public interest for the relocation of the activity of renting marine recreational facilities” to another point outside the beach of Platys Gialos, while public reasons “require the cessation of activity of renting marine leisure equipment at Platys Gialos beach “.

Furthermore, the CoE ruled that the financial damage alleged by the operator of the marine leisure means that he would suffer from the relocation of his business, is repairable, offset by the damage of the hotel unit, which consists in the risk of safety of its bathed customers.

The CoP points out that the fact of a temporary order of the Administrative Court of Appeal of Piraeus, which “froze” the transfer of the company, does not invalidate the finding of public interest, as the D. Court of Appeal has not issued a final decision whether it is competent court to address in this case.

The suspension of the port authority’s decision is valid until a decision is issued on the main application for annulment that has been submitted.

At the same time, the CoF with another decision accepted the application of the pharmacist Iulia Tseti and allowed her to install a private floating platform, in order to moor yachts in the sea area Aleomandra – Cavo Glyfadi of Mykonos. In particular, the Municipality of Mykonos had appealed to the Court of Appeals against the Ministry of Shipping and requested the annulment of the decision of the competent service of the said ministry, which granted Ms. Tseti permission to install a private floating platform of 60 sq.m., in order to moor boats. for leisure in Aleomandra – Cavo Glyfadi. Finally, the ED Department of the CoC (decision 1248/2022) ruled that the contested decision of the Ministry of Shipping is “legal and sufficiently justified”.

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