A legal representative of a security company (providing security services) had an entire arsenal in his house and when he was discovered by EL.AS. imposed a fine of 200,000 euros on him, which was annulled at first instance, but the Council of State (Council of State) had a contrary opinion (as did the Court of Appeal) and upheld the fine decision.
The security company received an operating license in June 2006, which was subsequently renewed. In September 2014 EL.AS. carried out an inspection at the house of the legal representative of the company, from which it was found that there were a number of weapons, cartridges, etc., which are subject to the legislation (law 2168/1993) on weapons, ammunition and explosives.
In detail, a submachine gun with a collapsible stock, various rifles (among them a Serbian-made one), a large number of cartridges of various calibers, binoculars with a base, knives, etc. were found. and from the Staff of the Headquarters of EL.AS. an administrative fine of 200,000 euros was imposed on him.
The representative of the security company appealed to the Administrative Court of First Instance of Athens, which vindicated him on the grounds that the joint ministerial decision (KYA) which provides for a fixed fine of 200,000 euros in these cases and not a variable one on a case-by-case basis (that is, to be imposed depending on the findings of the war material to be found, etc.) is void and unenforceable. At the same time, the first judges sent the case to EL.AS. to impose a fine of 20,000 to 200,000 euros.
EL.AS appealed the first instance decision. The Court of Appeal ruled that the provision for the imposition of an inflexible fine and not the imposition of a fine that varies according to the degree of culpability, the circumstances, the gravity of each violation does not contradict the Constitutional principle of the proportionality of sanctions, and annulled the decision of the Court of First Instance.
The case was brought to the Supreme Court by the representative of the company, following his appeal. The 4th Department, chaired by vice-president Spyridoula Chrysikopoulou and rapporteur Dimitra Mavropodi, rejected the appeal. It was judged that the disputed c.y.a. was established for reasons of public interest which go back to “ensuring the operation of private companies providing security services and the lawful exercise of their professional activity, which by the nature of the services provided involves the risk of important legal goods, such as human life, safety and property of persons”.
Furthermore, the State Councilors ruled that the KYA does not violate the constitutional principle of proportionality.
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