Cases / Law, regulation and treaties · Greece · 2010–2025
Kyparissia Bay (Thines Kyparissias), Greece: construction, roads and beach use at a loggerhead nesting site, CJEU C-504/14 (2016)
Nature's voice · report
On 10 November 2016 the Court of Justice found breaches of the Habitats Directive at my Kyparissia nesting beach, covering about 50 dwellings begun, five new roads, beach bars and light pollution. Court of Justice of the European Union (EUR-Lex)
Recorded
- My Dunes of Kyparissia site is listed as Natura 2000 site GR2550005, and the Court of Justice found on 10 November 2016 that Greece breached Article 6(2) and Article 12(1)(b) and (d) of the Habitats Directive there. Court of Justice of the European Union (EUR-Lex)
- The Court's findings cover tolerated houses at Agiannaki, about 50 dwellings begun between Agiannaki and Elaia, three holiday houses authorised at Vounaki in 2012, five new roads to my Agiannaki beach and the asphalting of existing roads, wild camping, beach bars, beach furniture and a platform near the Messina Mare Hotel, and light pollution. Court of Justice of the European Union (EUR-Lex)
Accounts of the harm differ
Whether construction activity at the bay continued
- Government and regulators Greece: Told the Court that construction activity had "in practice, ceased" after the financial crisis. Court of Justice of the European Union (EUR-Lex)
- Courts Court of Justice of the European Union: Found breaches of Article 6(2) and Article 12(1)(b) and (d) of the Habitats Directive covering houses, dwellings, roads, wild camping, beach bars, beach furniture and light pollution. Court of Justice of the European Union (EUR-Lex)
On 10 November 2016 the Court of Justice of the European Union found that Greece had breached Articles 6(2) and 12(1)(b) and (d) of the Habitats Directive at Kyparissia Bay, a Natura 2000 loggerhead nesting beach in Messinia. The Bern Convention file opened in 2010 remained open in October 2026.
About 6,100Loggerhead nests recorded in 2025 (ARCHELON)
5,200 in the 9.5 km core stretch and 900 north of Neda; ARCHELON states this is 74% above the previous 12-year average (22 October 2025).
5,200 in the 9.5 km core stretch and 900 north of Neda; ARCHELON states this is 74% above the previous 12-year average (22 October 2025).
Status As of October 2026: the Bern Convention file (2010/5) is open; the 2018 decree is in force; no second action before the Court of Justice has been found.
What?
Construction, roads, camping, beach bars, beach furniture and light pollution at a Natura 2000 loggerhead nesting beach led the Commission to take Greece to the Court of Justice, which on 10 November 2016 found breaches of Article 6(2) and Article 12(1)(b) and (d) of the Habitats Directive. Court of Justice of the European Union (EUR-Lex)
Where?
Kyparissia Bay (Thines Kyparissias), Messinia, Peloponnese, Greece; Natura 2000 site GR2550005 "Dunes of Kyparissia"; the Agiannaki, Elaia, Vounaki and Kalo Nero areas are named in the judgment. Council of Europe, Bern Convention
When?
2010 (Bern complaint) to 2025; judgment of the Court of Justice on 10 November 2016; Presidential Decree of 17 September 2018; Council of State decision 167/2021 (decided 18 June 2020, published 3 February 2021). Court of Justice of the European Union (EUR-Lex)
Who?
Gained
None on recordLost
- Municipality of Zacharo — Lost its Council of State application against the 2018 decree and was ordered to pay costs of EUR 460 (State) and EUR 640 (interveners) Council of State of Greece (via dsanet.gr)
Harmed
- Loggerhead (Caretta caretta) nesting beach at Kyparissia Bay, Natura 2000 site GR2550005 — Subject of the Court's findings of breach; about 6,100 nests recorded in 2025 Court of Justice of the European Union (EUR-Lex)
Why?
The sources reviewed give no reason for the construction beyond the Court's findings. Greece told the Court that construction activity had "in practice, ceased" after the financial crisis. The developer company that cut the roads is not named. Court of Justice of the European Union (EUR-Lex)
How?
MEDASSET complained to the Bern Convention in 2010; the Commission sent letters, a formal notice and a reasoned opinion and sued on 11 November 2014; the Court found breaches; Greece designated a Nature Protection Area by decree in 2018, which the Council of State upheld against the Municipality of Zacharo. Court of Justice of the European Union (EUR-Lex)
6 of 6 questions answered from the record
What happened
The record, in order.
In 2010 MEDASSET complained to the Bern Convention about Kyparissia Bay (Thines Kyparissias) in Messinia, in the Peloponnese. The bay is Natura 2000 site GR2550005, "Dunes of Kyparissia", and a loggerhead (Caretta caretta) nesting beach. The Bern Convention opened file 2010/5 on threats to marine turtles at the site and the Standing Committee adopted Recommendation No. 174 in 2014. The file was listed as open in October 2026. ARCHELON is also named as a complainant.
The European Commission wrote to Greece on 9 August and 19 November 2010, sent a letter of formal notice on 28 October 2011, visited the site on 17 July 2012, issued a reasoned opinion on 1 October 2012 and brought an action before the Court of Justice on 11 November 2014 (Case C-504/14).
On 10 November 2016 the Court (ECLI:EU:C:2016:847) found breaches of Article 6(2) and Article 12(1)(b) and (d) of the Habitats Directive. The findings covered: tolerated houses at Agiannaki; about 50 dwellings begun between Agiannaki and Elaia; three holiday houses authorised at Vounaki in 2012; five new roads to Agiannaki beach and the asphalting of existing roads; wild camping; beach bars; beach furniture and a platform near the Messina Mare Hotel; and light pollution. The Court rejected some of the Commission's claims, including one concerning a road at Kalo Nero and one concerning a permit for four houses at Elaia. It imposed no fine and each party bore its own costs. Greece told the Court (judgment, para. 34) that construction activity had "in practice, ceased" after the financial crisis.
Greece adopted a Presidential Decree of 17 September 2018 (Government Gazette D 391/3.10.2018) designating a Nature Protection Area. The Municipality of Zacharo applied to the Council of State to annul the decree; ARCHELON, MEDASSET Hellas and WWF Hellas intervened. Council of State decision 167/2021, decided on 18 June 2020 and published on 3 February 2021, rejected the application and imposed costs of EUR 460 (State) and EUR 640 (interveners) on the municipality. The Court's judgment in C-849/19 of 17 December 2020, which found that Greece had not set conservation objectives and measures for 239 Sites of Community Importance, is not specific to turtles; the Bern file pages list Thines Kyparissias among the sites concerned.
ARCHELON recorded about 6,100 nests in 2025, of which 5,200 were in the 9.5 km core stretch and 900 north of Neda, which it said was 74% above the previous 12-year average. ARCHELON, citing Casale et al. (2018), says Kyparissia and Laganas together hold over 57% of EU loggerhead nests; the Bern file puts the bay at over 10% of documented Mediterranean nests. ARCHELON states that it covers all Kyparissia monitoring "exclusively with its own resources". As of October 2026 the Bern file was open, the decree was in force and no second action before the Court of Justice had been found.
- 2010MEDASSET complains to the Bern Convention (file 2010/5); the Commission writes to Greece on 9 August and 19 November
- 2011Commission sends a letter of formal notice (28 October)
- 2012Commission visits the site (17 July) and issues a reasoned opinion (1 October); three holiday houses are authorised at Vounaki in 2012
- 2014Bern Standing Committee adopts Recommendation No. 174; Commission brings the action in C-504/14 (11 November)
- 2016Court of Justice judgment in C-504/14 (10 November): breaches of Habitats Directive Articles 6(2) and 12(1)(b) and (d); no fine
- 2018Presidential Decree of 17 September designates a Nature Protection Area (Gazette D 391/3.10.2018)
- 2020Council of State decides Municipality of Zacharo's annulment application (18 June); Court of Justice judgment in C-849/19 on 239 Greek Sites of Community Importance (17 December)
- 2021Council of State decision 167/2021 published (3 February); application rejected
- 2025ARCHELON records about 6,100 nests (22 October) and calls on the State to implement the National Action Plan for the loggerhead
What was said
Claims, in the words of those who made them.
“in practice, ceased”
“exclusively with its own resources”
Where accounts differ
Each party's account, side by side, with its source. The record does not settle these points; it shows them.
Whether construction activity at the bay continued
Government and regulators
Greece
Told the Court that construction activity had "in practice, ceased" after the financial crisis.
Court of Justice of the European Union (EUR-Lex)Courts
Court of Justice of the European Union
Found breaches of Article 6(2) and Article 12(1)(b) and (d) of the Habitats Directive covering houses, dwellings, roads, wild camping, beach bars, beach furniture and light pollution.
Court of Justice of the European Union (EUR-Lex)Which of the Commission's complaints were upheld
International bodies
European Commission
Brought claims that included a road at Kalo Nero and a permit for four houses at Elaia, among the other matters in the action.
Court of Justice of the European Union (EUR-Lex)Courts
Court of Justice of the European Union
Rejected the claims on the Kalo Nero road and the Elaia permit for four houses and upheld the others listed in its findings.
Court of Justice of the European Union (EUR-Lex)How it looked
What was shown, beside what was recorded.
Shown
- Construction activity at the bay described as having "in practice, ceased" after the financial crisis.Greece, in its defence before the Court of Justice (judgment, para. 34) · Court of Justice of the European Union (EUR-Lex)
Recorded
- The Court of Justice found breaches of Article 6(2) and Article 12(1)(b) and (d) of the Habitats Directive at the site, covering tolerated houses, about 50 dwellings begun, three holiday houses authorised in 2012, five new roads and the asphalting of existing roads, wild camping, beach bars, beach furniture, a platform and light pollution; it rejected the Commission's claims on a road at Kalo Nero and a permit for four houses at Elaia.
- No fine was imposed in C-504/14 and each party bore its own costs.
- Bern Convention file 2010/5 (Recommendation No. 174, 2014) was open in October 2026.
- The Council of State (decision 167/2021) rejected the Municipality of Zacharo's application to annul the 2018 decree and imposed costs of EUR 460 (State) and EUR 640 (interveners) on the municipality.
- ARCHELON recorded about 6,100 nests in 2025: 5,200 in the 9.5 km core and 900 north of Neda, 74% above the previous 12-year average.
- Judgment C-849/19 (17 December 2020): Greece had not set conservation objectives and measures for 239 Sites of Community Importance; Greek legislation of 7 May 2020 was too late to count.
Who gained
Money that reached nature, beside money that stayed elsewhere.
Reached nature or the ground
Not published
No figure published.
Gained elsewhere
Not totalled
Court of Justice C-504/14: fine—
No fine; each party bears its own costs.
Council of State 167/2021: costs imposed on the Municipality of Zacharo, in favour of the State—
EUR 460.
Council of State 167/2021: costs imposed on the Municipality of Zacharo, in favour of the interveners—
EUR 640.
Currency: EUR · Window: 2016 to 2021. All figures cover the same period. * Estimate built from cited figures.
Responses on record
- Greece (Hellenic Republic) (Proceedings in C-504/14, judgment of 10 November 2016): Told the Court of Justice that construction activity at the bay had "in practice, ceased" after the financial crisis. · Court of Justice of the European Union (EUR-Lex)
- ARCHELON (22 October 2025): Said it covers all Kyparissia monitoring "exclusively with its own resources" and called on the State to implement the National Action Plan for the loggerhead immediately. · ARCHELON
In court and with insurers
Every proceeding and every insurer decision on record.
Lawsuits and rulings
- 2010–OngoingBern Convention file 2010/5 (Thines Kyparissias), Recommendation No. 174Bern Convention Standing Committee (Council of Europe) · International court · MEDASSET (complainant); ARCHELON named as complainant → Greece
MEDASSET complained to the Bern Convention in 2010. The Standing Committee adopted Recommendation No. 174 in 2014. The file was open in October 2026. Council of Europe, Bern Convention
- 2014-11-11–2016-11-10Claimant wonCommission v Hellenic Republic, Case C-504/14 (ECLI:EU:C:2016:847)Court of Justice of the European Union · International court · European Commission → Hellenic Republic
The Commission sent letters on 9 August and 19 November 2010, a letter of formal notice on 28 October 2011, visited on 17 July 2012, issued a reasoned opinion on 1 October 2012 and sued on 11 November 2014. The Court found breaches of Article 6(2) and Article 12(1)(b) and (d) of the Habitats Directive and rejected some claims (a road at Kalo Nero; a permit for four houses at Elaia). No fine was imposed; each party bore its own costs. Court of Justice of the European Union (EUR-Lex)
- 2020-06-18Defendant wonMunicipality of Zacharo v the State: application to annul the Presidential Decree of 17 September 2018, Council of State decision 167/2021Council of State of Greece · Administrative · Municipality of Zacharo → Greek State (ARCHELON, MEDASSET Hellas and WWF Hellas intervening)
The Council of State rejected the municipality's application to annul the decree designating a Nature Protection Area (Gazette D 391/3.10.2018). The decision, taken on 18 June 2020, was published on 3 February 2021. Costs of EUR 460 (State) and EUR 640 (interveners) were imposed on the municipality. Council of State of Greece (via dsanet.gr)
- 2020-12-17Claimant wonCase C-849/19 (ECLI:EU:C:2020:1047): conservation objectives for 239 Greek Sites of Community ImportanceCourt of Justice of the European Union · International court · → Greece
The Court found that Greece had not set conservation objectives and measures for 239 Sites of Community Importance (Habitats Directive Articles 4(4) and 6(1)); Greek legislation of 7 May 2020 was too late to count. The case is not specific to turtles; the Bern file pages list Thines Kyparissias among the sites. Court of Justice of the European Union (EUR-Lex)
Insurers
No insurer decision on record.
What nature saw
Outcomes measured on the ground, and nature's note.
Nature's report opens this page. Below: further outcomes measured on the ground.
Nests recorded, 2025
About 6,100
5,200 in the 9.5 km core and 900 north of Neda; 74% above the previous 12-year average (ARCHELON, 22 October 2025)
Share of EU loggerhead nests (Kyparissia plus Laganas)
Over 57%
ARCHELON, citing Casale et al. (2018)
Share of documented Mediterranean nests
Over 10%
Bern Convention file 2010/5
Court findings
Breaches of Habitats Directive Arts 6(2), 12(1)(b) and (d)
Court of Justice, C-504/14, 10 November 2016
What we don't know
Undisclosed, unproven, untried: recorded as data.
Nature
- Disputed Whether construction activity at the bay continued
Money
- None on record Court of Justice C-504/14: fine — No fine; each party bears its own costs.
- None on record Council of State 167/2021: costs imposed on the Municipality of Zacharo, in favour of the State — EUR 460.
- None on record Council of State 167/2021: costs imposed on the Municipality of Zacharo, in favour of the interveners — EUR 640.
Accounts
- Disputed Which of the Commission's complaints were upheld
Record
- None on record None on record: a fine against Greece in C-504/14; the Court imposed none and each party bore its own costs.
- None on record Not on record: whether the Presidential Decree of 17 September 2018 is adequate to protect the site.
- Insufficient Unconfirmed: an NGO survey of houses built after 2018 at Agiannakis and Vounaki.
- None on record Not on record: whether the road network addressed in the judgment has been removed; a report on the point could not be verified.
- Insufficient Unconfirmed: a 2025 Council of State ruling rejecting a developer's request to reopen the question of the five roads, reported by Argophilia on 31 August 2025; the decision number was not found.
- Insufficient Unconfirmed: a developer plot of 25 ha with plans for nearly 50 building permits, reported by Argophilia.
- None on record Not named in the sources reviewed: the developer company that cut the roads.
- None on record None on record: a second action before the Court of Justice concerning the site, as of October 2026.
- None on record No source on record for: a Council of State opinion 32/2015 of 8 April 2015 concerning the site.
Did the harm stop?
The Court recorded Greece's statement that construction activity had in practice ceased after the financial crisis. The 2018 decree designating a Nature Protection Area is in force; whether it is adequate and whether the roads addressed in the judgment were removed is not on record. The Bern file remained open in October 2026.
Who paid?
The Court of Justice imposed no fine and each party bore its own costs (2016). The Council of State imposed costs of EUR 460 (State) and EUR 640 (interveners) on the Municipality of Zacharo (decision 167/2021). ARCHELON states that it covers all Kyparissia monitoring "exclusively with its own resources".
Sources
Voices on record: — Company or project— Government and regulators✓ Courts✓ Press and investigations✓ Communities and civil society— Researchers✓ International bodies
Courts
- Judgment of the Court of 10 November 2016, Case C-504/14, European Commission v Hellenic Republic (ECLI:EU:C:2016:847)Court of Justice of the European Union (EUR-Lex) · 2016-11-10
- Council of State decision 167/2021 (published text on dsanet.gr)Council of State of Greece (via dsanet.gr) · 2021-02-03
- Judgment of the Court of 17 December 2020, Case C-849/19 (ECLI:EU:C:2020:1047)Court of Justice of the European Union (EUR-Lex) · 2020-12-17
Press and investigations
Communities and civil society
International bodies
- Bern Convention file 2010/5, Greece: threats to marine turtles in Thines KiparissiasCouncil of Europe, Bern Convention ·
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- Poland takes Germany to EU court over 35,000 tonnes of waste it calls illegal Poland · 2023–2024
- Court of Justice of the European Union (Government) — here: Judgment in C-504/14 (10 November 2016); judgment in C-849/19 (17 December 2020); there: court
- Russia declares WWF and Greenpeace 'undesirable' organisations Russia · 2023
- WWF (NGO) — here: Intervener before the Council of State (WWF Hellas); there: Designated undesirable on 21 June 2023
- Russian Joint Implementation credits under the Kyoto Protocol, 2009–2012 Russia · 2009–2015
- European Commission (Public authority) — here: Brought the infringement action in C-504/14; there: Regulation 550/2011; EU ETS credit data
- Salonga National Park ranger abuses (DR Congo) DR Congo · 2002–2020
- WWF (NGO) — here: Intervener before the Council of State (WWF Hellas); there: Co-manager of Salonga National Park (since an August 2015 memorandum of understanding)
- Spain: environmental liability financial guarantee (EU Directive Art. 14) Spain · 2004
- European Commission (Public authority) — here: Brought the infringement action in C-504/14; there: Evaluated the directive and reported on mandatory financial security
- TNC chief scientist urged conservation groups to partner with companies United States · 2011–2015
- WWF (NGO) — here: Intervener before the Council of State (WWF Hellas); there: Coca-Cola partner from 2007 (reported)
- TUI Care Foundation sponsorship of ARCHELON in Crete and the "Turtle-Friendly" hotel certificate Greece · 2023–2026
- ARCHELON (NGO) — here: Named as complainant; monitors nesting; intervener before the Council of State; there: Ran the project; reports its results
- Ukraine's ban on raw-log exports and the EU–Ukraine Association Agreement arbitration, 2015–2026 Ukraine · 2015–2026
- European Commission (Public authority) — here: Brought the infringement action in C-504/14; there: Brought the dispute and published the memo
- Ukraine's Joint Implementation credits and Kyoto unit sales to Japan and Spain, 2008–2021 Ukraine · 2008–2021
- European Commission (Public authority) — here: Brought the infringement action in C-504/14; there: Set rules on use of international credits
- Used cooking oil and POME biofuel certification: fraud allegations (ISCC, EU/UK) European Union · 2016–2025
- European Commission (Public authority) — here: Brought the infringement action in C-504/14; there: Regulator; anti-dumping duties; recognition of ISCC
- WWF independent review (Pillay panel) and US funding suspension International · 2019–2020
- WWF (NGO) — here: Intervener before the Council of State (WWF Hellas); there: Commissioned the independent review; grantee under US review
- WWF Nepal Chitwan ranger death (Shikharam Chaudhary) Nepal · 2006–2020
- WWF (NGO) — here: Intervener before the Council of State (WWF Hellas); there: Conservation NGO; funder and supporter of ranger units
- WWF president Prince Bernhard resigned in 1976 after a Lockheed commission surfaced Netherlands · 1970–1976
- WWF (NGO) — here: Intervener before the Council of State (WWF Hellas); there: charity whose president resigned
- WWF-funded ranger units accused of torture and killings in Asia and Africa Multiple countries · 2006–2023
- WWF (NGO) — here: Intervener before the Council of State (WWF Hellas); there: Funded and equipped the ranger units; commissioned the Pillay panel
- WWF-supported ecoguards in Cameroon and CAR (Lobéké, Dzanga-Sangha) Cameroon · 2008–2020
- WWF (NGO) — here: Intervener before the Council of State (WWF Hellas); there: Trained and paid ecoguards in Lobéké; commissioned the independent panel