16 June 2020
With two historic, major legal and political decisions (1223/2020 and 1224/2020), the 4th Department of the Council of State ruled unconstitutional the provisions of Law 4389/2016, which transferred the majority (50,003%) of shares of EYDAP and EYATH in the "Hellenic Holdings and Property Company SA" (Superfund).
The State Counselors of the 4th Department of the Council of State unanimously ruled that the allegations of the applicants (EYATH Workers' Union and EYDAP Workers' Federation) on the provisions of Article 191 of Law 4389/2016 are valid. The Supervisory Board of EESYP (Superfund) violates article 28 par. 2 of the Constitution and it is pointed out that according to law 4389/2016 after the transfer of shares in EESYP, the control of EYDAP and EYATH left the Greek State and fell into the hands of the European Commission and the European Stability Mechanism, through their members in the Board of Directors of EESYP.
This decision of the 4th Department of the Council of State (which due to their importance were referred to the Plenary Session of the Supreme Court of Cassation for final judgment) is a huge victory for the workers of EYDAP and EYATH, the citizens and the movements for Public Water. A second victory after the decision 1906/2014 of the Plenary Session of the Council of State that had deemed unconstitutional the transformation of EYDAP into a private company, and forced the transfer of the majority of shares from the Hellenic Republic Asset Development Fund back to the State.