Presentation

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Timeliness of judicial review and
retroactive effect of appeal decision
The Greek experience
THE ROLE OF THE JUDICIARY IN THE
CHANGING
DIGITAL SINGLE MARKET
11TH SEMINAR FOR NATIONAL JUDGES
National Regulatory Authority
Hellenic Telecommunications and Post
Commission
Εθνική Επιτροπή Τηλεπικοινωνιών και
Ταχυδροµείων (ΕΕΤΤ)

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Competent Courts
Council of State
EETT regulatory acts
EETT individual acts of
important character
Athens Administrative
Court of Appeal
EETT individual acts
Competent Courts
Greek Constitution, art. 95
“1. The jurisdiction of the Supreme Administrative Court pertains mainly to:
a) The annulment upon petition of enforceable acts of the administrative
authorities for excess of power or violation of the law…
3. The trial of categories of cases that come under the Supreme
Administrative Court’s jurisdiction for annulment may by law come under
ordinary administrative courts, depending on their nature or importance.
The Supreme Administrative Court has the second instance jurisdiction, as
specified by law.”

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Legal Remedies
Council of State:
-Petition for annulment
(legality and reasoning
control, no power to
modify, only to quash)
-Appeal on points of law
against judgments of
Administrative Court
of Appeal
Athens Administrative
Court of Appeal
-full jurisdiction recourse
(power to modify)
Timeliness
Laws 3082/2002, 3431/2006: all EETT acts are
challenged before the Athens Admin. Court of Appeal
Council of State 3919/2010 judgment:
The above provisions are unconstitutional. EETT
regulatory acts and individual acts of importance should
be challenged before the Council of State.
Law 4070/2012: EETT regulatory acts → Council of
State, acts imposing sanctions and individual acts →
Administrative Court of Appeal

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Timeliness
Negative factors: general overloading of courts,
different remedies, division of jurisdiction
Implications:
Significant delays
Timeliness
Digital Market Cases
Timing
Administrative Court of Appeal:
5 months to 2 years
Council of State
1 to 6 years

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Timeliness
Example:
Greek wiretapping case 2004-2005
Two independent authorities involved (ADAE,
EETT) – Both imposed sanctions for the same facts
12.1.2007 ADAE 1.decision
15.10.2010 Council of State 1.Judgment
2.1.2013 ADAE 2.decision
4.12.2015 Council of State 2. Judgment
18.10.2007 EETT decision
18.4.2011 Administrative Court of Appeal Judgment
12.4.2012 Appeal on points of law: still pending in the Council of State
Timeliness regarding NRA
Council of State:
NRA has to issue a decision in reasonable time
after hearing the case.
12 or 16 months after hearing is not reasonable
time.

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Timeliness and retroactive effect of
appeal decision
Judgments quashing NRA individual decisions
refer mainly to financial sanctions and are due
to procedural irregularities.
Case is referred back to the NRA in order to
issue a new decision keeping legal safeguards
of due process.
Timeliness and retroactive effect of
appeal decision
Law provisions give to the Court on petitions for
annulment the option
i) to set a deadline to the Administration in order to
restore procedural irregularities
ii) to set a quashing date other than the issue date of
the challenged act, but not after the publication day
of the judgment.
These options are not yet used in digital market
cases.