By Ioanna Mandrou

The continuation of the workn for construction Metro station in Exarchion square decided it Council of State rejecting an application for injunctive measures filed by residents of the area, requesting the temporary stoppage of the project. At the same time, a decision is expected from the Supreme Court on the main appeal filed by residents of the area, generally requesting the cancellation of the work on the Metro in Exarchia.

In particular, the 5th Department of the Supreme Court chaired by the vice-president of the supreme court Margarita Gorzolidou and the rapporteur is State Councilor Dimitris Vassiliadis, rejected at this stage the suspension request of the residents.

In the reasoning of the supreme judges, it is stated, among other things, that the court “weighing the reasons of public interest, invoked by the administration, which even according to common experience require the rapid completion of the projectjudges that in this case there is no reason for granting the requested suspension of execution of the contested acts due to irreparable or severe damage to the residents”. The supreme court, in its judgment in the context of the adjudication of injunctive measures, also dealt with the cutting of trees in the square, which has caused reactions and tensions in the area in recent days.

In particular, in his decision he underlines on this specific issue:

“The evidence shows that the environmental impacts have been addressedsince it is fully described vegetation on the Exarchion square and the protection is recorded either by replanting temporarily, for the most part and the replanting of the trees after the completion of the workswhere this is scientifically feasible, or in the opposite case, by replenishing the trees and plants with vegetation of this kind”.

Also, the State advisers continue, “it is planned to strengthen the urban green area near Exarcheion square in various places which will be indicated by the competent service of the Municipality of Athens, while special care was taken to protect the elements of the cultural environment, both during the design and during the construction and operation of the station and all the works are planned to be done based on relevant studies, which have been drawn up”.

It follows therefore, according to the decision, that all the adverse effects cited by the 50 residents “in the urban environment and residential environment of the area of ​​Exarchia which are caused or may be caused by the preliminary works and the construction of the essential infrastructure project in questionhave been foreseen by studying the environmental impact of the project, have been evaluated and have been addressed with specific measures”.

At another point, the CoE points out that:

“Under these circumstances, however, the adverse effects resulting from the execution of the works for the construction of the disputed station (construction site placement, archaeological investigations, removal and replanting of trees and other vegetation and others) have been described in the relevant studies and have been duly estimated and furthermore are limited to this stage of the project execution.

That is, they are temporary, in any case, these effects are significantly mitigated by the special clauseswhich include:

1) the contractor’s responsibility to limit the occupation of Exarchia square as far as possible,
2) the obligation also for the temporary transplanting of existing trees and bushes on the square that can be successfully transplanted and
3) the planting during the construction phase of the project of 2,000 new trees within the district of the Municipality of Athens and near the square or in the wider area and maintaining the environmental balance”.

And the State advisers conclude that “the vegetation is to be fully restored based on other special studies and clauses and provisions for the transplanting of trees and the planting of new ones, with the result that the green balance appears positive”.