At the same time that in Mykonos, following the circular of the former prosecutor of the Supreme Court Isidoros Dogiakos, arrests are being made and catering centers are being demolished, due to arbitrary and illegal constructions on the beaches of the island, the Council of State was asked to judge whether the decision of Municipality of Mykonos for an increase from 65% to 400% of fees beach concession for placing parasols, table seats, etc. from businesses (restaurants, bars, etc.) is constitutional and legal.

The Municipality of Mykonos, after the reactions caused by the decision of the municipal council that was taken on 31/3/2023 and which resulted in a large increase in the concession fees for parts of the beach in different areas of the island, was led to take a new decision (27/4.2023 ), which reduced concession prices in only 5 areas. The reduction occurred at the beaches of Korfos, Agios Ioannis, Kalafati, Agia Anna Paraga and Agios Stefanos.

However, the first legal battle in the CoE was lost, as the application of a lawyer registered with the Thessaloniki Bar Association, who states that he has been temporarily residing in Mykonos for the past few years and who requests that the decision of the Municipality be suspended and annulled as unconstitutional and illegal, was rejected of Mykonos which determines the beach use-concession fees per area and per square meter.

In particular, the municipal council of the Municipality of Mykonos decided (31.3.2023) by a majority to increase the user fees per square meter of the beaches for the two years 2023-2025.

Then, with a second decision of the municipal council (27.4.23), beach usage fees were reduced in 5 areas of the island, the increase being over 150%. According to the CoE, the reduction in fees was due to the fact that the increase “caused social unrest” on the island.

Now, the lawyer claims that the rental prices of the seafront by the Mykonos Municipality are increased compared to those of last summer season from 100% to 400%, while the projected increases in commercial and professional rentals are at 3%.

He also argues that the increases in beach concession fees to businesses limit his constitutionally guaranteed right to freely enjoy the beaches of Mykonos, since the beaches are a public good.

Furthermore, he argues that he will not be able to financially cover his access to the beaches on a daily basis, due to the prohibitive costs that will exist, as the increases in fees will be passed on to the rental prices of the umbrella seats, making their use prohibitive for residents and visitors. The lawyer, as he mentions, is forced to accept the services of businessmen as a result of which the daily enjoyment of the public good of the beach is impossible, due to the high cost.

In another point he notes that the Municipality of Mykonos illegally does not preserve free zones on the beaches so that people can come to the sea, since the beaches have been left for the exclusive use of shops.

Finally, he argues that article 24 of the Constitution for the protection of the natural environment, the constitutional principle of proportionality (article 25), is violated, while the increase in the rent of the beaches was done without any objective criteria, without justification and in abuse of the authority of the majority of the municipal council Council of the Municipality of Mykonos.

The 2nd Section of the Supreme Court rejected (110/2023) the lawyer’s request to suspend the contested decision of the Municipality, until a final decision is issued on the main application for annulment that he has filed and which is expected to be discussed next September,

The State Councilors rejected the request for suspension, as well

1) The concession of the lands to the companies is in part of the area of ​​the beaches and not in their entirety,

2) It does not appear that the shared use of the beaches is negated or not served,

3) There is no possibility of a violation of the Constitutional requirements and the legislation in general, for the free and unhindered access to the beaches of Mykonos,

4) The pass-through of costs from businesses to consumers advocated by counsel is future and contingent, and

5) The lawyer does not plead that he will suffer financial loss.

Finally, the SC rejected the request for suspension as manifestly unfounded and rejected all the reasons invoked by the lawyer.

Concession fees per beach

Psarou is one of the most popular and famous beaches of Mykonos, According to the first decision of the municipal council of the Municipality of Mykonos (31.3.2023), in Psarou (there is also the well-known “Nammos”) every square meter of beach for simple use, installation of umbrellas and marine recreational equipment was determined by the Municipality of Mykonos at 120 euros/sq.m., while for the installation of table seats the price is doubled (240 euros). In addition, a fixed amount of 10,000 euros will be paid. The rent last year was 80 euros per sq.m. and an additional fixed amount of 6,000 euros.

At Paradise Beach (Kalamopodi) each sq.m. seafront will be rented by the Municipality for 120 euros/sq.m for umbrellas and marine recreational vehicles. For the installation of sofas, the price amounts to 240 euros/sq.m., while in addition the fixed amount of 10,000 euros will be paid.

In Plyndri, the sq.m. will be rented at the same prices as Psaros and Paradise.

At the same time, the fees for the beaches of Paragas, Platy Gialos, Kalo Livadi and Elia have been set by the Municipality of Mykonos, with its first decision, at the same levels as the previous beaches (Psarou, etc.).

Subsequently, according to the first decision of the Municipality, the amounts of the fees for the other beaches have been determined by the Municipality of Mykonos by 40 euros lower per/sq.m., i.e. they were determined at 80 euros/sq.m., while the extra remains fixed how much at 10,000 euros. We are talking about the beaches in Agrari, Lia, Agios Ioannis, Agia Anna Paraga, Kalafati, Agios Stefanos and Korfos.

According to the second decision, the prices of the fees were reduced on the beaches of Korfos, Agios Ioannis, Kalafati, Agia Anna Paraga and Agios Stefanos.

Interested entrepreneurs to participate in the lease auction must submit, among other things, two responsible declarations. In the first statement it will be confirmed that “in the area to be granted there are no illegal works and any other construction work in accordance with article 345 of the Code of Urban Planning Legislation and in the second that the owner-entrepreneur “has not occupied the beach area to be granted”.