Critical judgment of CoS: No to the privatization of EYDAP SA!

Critical judgment of CoS: No to the privatization of EYDAP SA!

The justice cancels the transfer of 34% shares of the EYDAP SA to the HRADF - The judgment of the Council of State for EYDAP is a "pilot" also for EYATh.

No to the privatization of EYDAP, from the plenary of the Council of State; this annulled the government's decision to pass (without consideration) the 34.033% of the share capital (36,245,240 shares) of EYDAP, from the Greek State to the Hellenic Republic Asset Development Fund (HRADF).
By Decision No. 1906/2014 Case published two days before the current Euro-elections, the Plenary of the Council of State accepted the request of some Athens citizens for EYDAP. With this decision, -which is the "pilot" for the privatization of EYATh-, considered that the conversion of EYDAP in private company is contrary to Articles 5 and 21 of the Constitution, which require the attention of state for public health, and also ensures the right to health protection.

In particular, refers in the judgment that "the provision of utilities is not an activity inseparable from the core of state power."

"This", continues the State Council, "applies with respect to the water supply and sewerage services, which may provide a public company that operates under a legal regime of private law as an SA."
However, the character of a public undertaking is "invalidated in case of alienation of the Greek government's control of SA through equity, namely alienation from what proportion of shares that ensures property rights."

"The convert of a public company to a private company, which works with profit, makes uncertain the continuity of the supply of affordable utilities and the high quality, which is not fully guaranteed by the State Supervision" outlined in judgment.

The Council of State indicates that "EYDAP services provided in monopoly to a large population of people living under poor housing conditions in the area of Attica, from networks that are unique to the area and belong to the fixed assets of the company" and continues:

"The services in water supply and sanitation that are necessary for healthy living and in particular the provision of drinking water, are natural goods necessary for survival and are becoming rarer, over time."

The judicial decision refers that "uncertainty as to the continuity of affordable utilities with this degree, is not excused under Article 5 of the Constitution, specifically even after the resolution Z of 6.4.2001 from the Revising House, which guaranteed the right to health protection , and Article 21 Paragraph 3 which stipulates that the State shall ensure the health of citizens."

Therefore, notes the State Council, "the withdrawal of the Greek government in the majority of the share capital of EYDAP, whose preservation is necessary to avoid the transform the public company in private, infringes Articles 5 Paragraph 5th and 21 Paragraph 3 of the Constitution."

That said, the House of 25.4.2012 cancelled the decision of the Inter-ministerial Committee for restructuring and privatization, which refers to the transfer by the Greek government in the HRADF the 34.033% of the share capital of EYDAP.