The Administrative Court has dismissed an appeal by environmental organisations against the planning permit for onshore and port facilities designed to serve aquaculture operators in the Pentakomo area. The recourse, filed by BirdLife Cyprus and Friends of the Earth, sought the cancellation of the permit, arguing that the project would cause irreparable damage to a critical habitat of the Mediterranean monk seal.
The court upheld a preliminary objection raised by the Republic regarding the late filing of the recourse. According to an announcement by the Law Office of the Republic, the court ruled that the licensing of the project was easily accessible to the environmental organisations, as it had been published online and the project itself had received widespread publicity.
The judgment noted that the organisations failed to demonstrate due diligence in order to become aware of the decision in a timely manner, despite having a reasonable interest in the specific project. This decision is considered legally significant because the court reiterated that despite the special status recognised for environmental organisations at the European Union level, the standard rules of admissibility and the strict adherence to statutory deadlines for filing recourses remain fully applicable.
Background and earlier rulings
The infrastructure development is funded under the European Union Recovery and Resilience Mechanism within the framework of the national recovery plan and is considered a high priority project for the fisheries sector. In April 2025, the Administrative Court had issued an interim order suspending construction works. However, following a set aside application filed by the Law Office of the Republic, that suspension was subsequently cancelled after it was established that the recourse had not been properly served to an affected party.
Senior Counsel of the Republic Theodora Piperi and State Counsel Thasos Chatziloukas and Pavlos Vasileiou handled the case on behalf of the Attorney General. The hearing process concluded in September 2025, and the final ruling was delivered nine months later on 8 June 2026.
During the proceedings, legal representatives for the two environmental groups presented case law and scientific data to highlight the potential impacts of the project, focusing on alleged deficiencies and inadequacies of the administration during the environmental assessment. Conversely, legal teams representing the Law Office of the Republic and the consortium of contractors and fish farmers defended the continuation of the works on the Pentakomo coast, presenting arguments to alleviate concerns over negative environmental impacts.
Second recourse remains pending
This court decision addresses the first of two separate legal challenges filed by the environmental groups regarding the Pentakomo infrastructure. The January 2025 recourse targeted the planning permit, but it was preceded by a 2023 challenge against the environmental permit and opinion, a legal process that remains ongoing.
The two environmental organisations have indicated that they intend to issue a formal statement outlining their position and comments regarding the newly released judgment.
