With a vigorous protest outside the Supreme Constitutional Court in Nicosia and the parallel legal proceedings to issue an interim injunction, the dispute over the construction of an asphalt plant in the Mitsero area continued on Thursday.

Representatives and residents of the eight communities directly affected—Mitsero, Agrokipia, Malounda, Aredio, Agios Ioannis, Kato Moni, Orounta, and Menoiko, gathered outside the Supreme Court, demanding a suspension of work until the conclusion of legal proceedings.

The Court reserved its decision on the communities’ request to suspend the urban planning permit and issue an injunction, while it set October 5, at 10:30 a.m., to hear the merits of the eight communities’ appeal against the Administrative Court’s decision.

Today’s proceedings took place while work on the site has already begun, a fact which, according to the communities, is one of the main reasons why they are seeking immediate interim judicial protection.

The communities’ position

In her closing argument, the attorney for the eight communities, Natasha Iakovou, stated that the petitioners base their claim on the Constitution, European Union law, and the case law of the Court of Justice of the European Union.

“Our basis is the Constitution, EU law, and the case law of the Court of Justice of the European Union, to which we have referred,” she said.

Ms. Iakovou analyzed the principles of effectiveness, which, according to her, are interpreted by the CJEU in cases concerning the environment, arguing that interim relief must be granted until the conclusion of the judicial proceedings.

As she noted, not only are the legal proceedings still pending, but implementation of the contested project has already begun.

“Not only are legal proceedings pending, but the implementation of the contested project—which affects our lives and the healthy environment—has already begun,” she said.

The communities’ attorney argued that there is evidence before the Court—which she described as “irrefutable”—that the area cannot withstand further disruption.

Referring to the evidence in the petition, she cited the environmental impact study and the project’s construction phases, noting that these documents mention leaks of hazardous substances, noise, vibrations, and odors.

“Even the construction phase affects this right, this situation,” she said.

According to Ms. Iakovou, as construction of the plant progresses, there is a risk that the legal proceedings “will become pointless.”

“Because there will no longer be a subject matter once the project is completed,” she noted, emphasizing that what is urgently needed is “the suspension of the urban planning permit and the injunction.”

He also cited a ruling concerning the Community of Pyrgos, arguing that this specific case law addresses issues related to quality of life and the risk of irreversible harm.

Democracy: “There is no procedural or legal basis”

On behalf of the Republic, attorney Theodora Piperis Christodoulou argued that the courts of the Republic of Cyprus are obligated to apply the law and due process.

As she stated, in the Republic’s view, the communities’ petition lacks the necessary procedural and legal basis.

“The confusion that has arisen for us and for everyone stems from the fact that this petition lacks a procedural and legal basis,” she said.

Ms. Piperis Christodoulou referred to the steps that were taken, as she said, in accordance with court instructions to expedite the trial of the case, arguing that the Cypriot judiciary has fulfilled its obligation to provide effective judicial protection.

He noted that a stay had been granted at the first stage of the proceedings and argued that the petitioners had various procedural options at their disposal.

“The petitioners never requested a stay of the court’s decision, as provided for by the institutions, that is, they had a wide range of procedural options, yet they chose instead to drag us all into an out-of-court setting. For us, this position is unacceptable,” he said.

At the same time, he questioned the communities’ decision to pursue new legal actions while, as he noted, the appeal is nearing a hearing.

“It is incomprehensible to us that, at this stage, you would be preoccupied with future legal actions you intend to take before the ECJ. We have strayed from the appropriate procedural framework,” she stated.

Regarding the construction work, the Republic’s attorney argued that it is being carried out legally, based on the urban planning permit that has been issued.

“As far as we’re concerned, everything that’s been mentioned is mere speculation,” she said, while also expressing the view that pursuing this new proceeding constitutes an abuse of process.

The company: “What has changed?”

The attorney for Prometheas Asphalt Ltd, Maria Kleanthous, who represents the company carrying out the earthworks, questioned what has changed from the previous process to justify the submission of a new request for interim relief.

As she noted, an application to suspend the zoning permit had already been filed with the Administrative Court, and at that time, details regarding the stage the work had reached had been provided.

“It has not been sufficiently explained what has changed in the course of the case, on which a decision is pending from the Supreme Constitutional Court, in the context of this interim case,” he said.

He also asked, “Since the Communities’ request for provisional relief was examined at that stage, what has changed that they are now appearing before the court requesting the same injunction?”

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Background of the case

In February 2026, the Administrative Court rejected the main appeal filed by the eight communities, which sought to annul the zoning permit for the relocation of the asphalt plant.

In June 2026, the interim motion to suspend enforcement of the zoning permit pending a final ruling on the appeal was also rejected.

According to the case history, the court had ruled that no manifest illegality or irreversible harm had been proven to justify the suspension.

The communities appealed the decisions, and the case is pending before the Supreme Court.

Kyriakou: “We will not accept the construction of this factory”

During the protest, Agrokipia Community Leader Sotiris Kyriakou stated that residents are determined to continue their fight.

“Following the latest developments, when we saw the contractors begin work on the site, the community was outraged and reaffirmed its determination to continue the fight. “Under no circumstances—always acting within the bounds of civility and without disrupting anything—will we accept the construction of this factory,” he said.

Mr. Kyriakou argued that the area is already heavily burdened and called for a land-use study and a load-bearing capacity study to be conducted.

He also referred to previous interactions between the communities and the government, noting that for years they have been asking for the overall burden on the area to be taken into account.

“Our people are breathing air of poor quality, and we can no longer accept that they are playing with the health of our residents,” he said.

The community leader of Agrokipia also mentioned that a meeting between a delegation from the communities and the President of the Republic is expected to take place.

“At the meeting with the President, we will ask that we not be treated as second-class citizens,” he said.

Regarding the start of construction, he emphasized that the communities do not intend to take any actions that could lead to conflict.

“We certainly won’t go looking for a confrontation. We won’t put people in danger,” he said.

Kalogirou: “It will be the death knell for the area”

Menikou Community Leader Andreas Kalogirou noted that the area is already overburdened and expressed the community’s opposition to the plant’s construction.

“We are here to protest the asphalt plant, because if it comes to our area, it will be the death knell for our region. The area is already overburdened,” he said.

Referring to the start of construction, he questioned how work could have begun when, as he put it, there are still issues regarding the required studies.

Furthermore, Mitsero resident Yianna Mitsiga noted that residents’ protests have been ongoing for years.

“We have been strongly protesting the entire facility for years,” she said, adding that the main concern for residents is protecting their health.

“We are protesting for the sake of our children’s health, but also for our own,” she said.

She noted that today’s demonstration is a joint effort by the eight communities and that the messages on the banners reflect the views of all residents in the area.

In a statement, the Ecologists’ Movement noted that it supported the mobilization of residents from the eight affected communities, adding that this support is a continuation of the Movement’s efforts and the participation of the Nicosia District Committee in the protests that have been taking place since 2021. “Through the active presence of its members at today’s event, the Movement reaffirmed its solidarity with the ‘Communities in Action’ Initiative Group and the struggle of the community authorities and residents of the area,” he said.

It called for the publication of updated studies, the conduct of an independent scientific assessment, and the meaningful participation of the affected communities in decision-making processes, while supporting the communities’ request to suspend work in order to prevent the “creation of a fait accompli,” while calling on the Government to respond substantively to the residents’ concerns.

After the closing arguments, the Court reserved its decision on the request to suspend the implementation of the zoning permit and issue an injunction.

At the same time, October 5 at 10:30 a.m. was set as the date for the hearing on the merits of the appeal filed by the eight communities against the February 2026 decision, which had rejected their petition to annul the zoning permit.

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Source: CNA