3 C.L.R. 1989 March 11 LSTYLIANIDES, Jl INTHE MATTER OFARTICLE 146 OFTHECONSTITUTION THOMAS KARAYIANNIDES, Applicant. ν ELECTRICITY AUTHORITY OF CYPRUS. Respondent. (Gi.seΛΌ 302/85) Abatement ot iccourse lor annulment — Ingeneral the recoursecannot continue when its subject-matterhas ceasedto exist— A recourseis not abated, it ihe applicantsinteredj detriment 5 j0 t\ecutory act — Internal administrate measure— Not amenable to the RevMonal Jurisdiction ot the Court underArt. 146Iol the Constitution The interested parlies had been temporarily posted tor a limited period ol time in (he Generation Department ot the respondents The posting didnot m\olveabetterment ol status At thetime ol the hearing of the recourse thesub judice decision ceased toexist The principles applied by the Court in dismissing the Recourse. sufficiently appeared in the hereinabove Headnotcs 15 Recourse dismissed No order as to costs. Coses referred to 20 Kynakjdou ν Republic(I9S4)3 C.L R 122. Kyrtakides ν Republic(Minister ot Intenoi) 1 RS.C.C 66, 323 Karayianmdes v. E.A.C.
(1989)Constantinou asAdministrator of theEstate of theDeceased Ekatenm Emmanuel ν Republic of Cyprus, through The Minister ofInteriorand Another
(1966)3 CLR 572, 5 Andreou andOthers ν Republic (Council of Ministers)
(1975)3 CLR 108, Irr Division "Kat/ilos' ν Republic
(1981)3CL R 106$ 10 Avgoloupiv Ministerot Interior
(1985)3CLR 1525, Kntiotisv MunicipalityofPaphos andOthers- (19S6) 1C1 R 122 Recourse. Recourse against the emplacement ot the interested parties in theGenerationDepartment of theAuthority in Nicosia 15 L Clendes, for theApplicant 20 G Cacoyanms. for the Respondents Cur adv vult. STYLIANIDES, J. read the following judgment. The 25 applicant by this recourse seeks the annulment of "the emplacement"of Andreas PapadopoulosandAndreas Lomdes (the interested parties) in the Generation Department of the Authority atNicosia 30 The applicant and the interested parties are Shift Charge Engineers of therespondentAuthority Theinterested parties weretransferred temporarily toserve in the Generation Department at Nicosia - Papadopoulos as 35 from 1st January, 1985,andLoizides as from 1st March,1985 These transfers were of ninemonths duration The posting of PapadopoulosintheGeneration Departmentcametoanendon 30th September, 1985 andthat of Loizides on 31st December, 1985 At theendoftherespective periodstheyreturnedtotheir 40 post at Dhekeha Power Station These transfers were notof permanent nature and the purpose thereof was to offer tothe 324 3 C.L.R. Karayiannides v. E.A.C. Stylianides, J. employeesconcernedtrainingintheGeneration Department. As from 1st October, 1985,the applicant was temporarily transferred to the same Generation Department for the same 5 purpose andforthesamelimitedperiod. Counsel for the Respondents submitted that this recourse couldnot proceedfor,interalia,thefollowingreasons:10 (a)The challenged decision is not an administrative executoryone. (b)Applicanthasnolegitimateinterest. 15 (c)The "transfers" came to an end and the applicant has suffered no damageduringthe posting ofthe interested partiesintheGeneration Department. Itisnotindisputethattheapplicantsustainedanydetriment 20 duringthenine months period,that each one of the interested parties served for training purpose in the Generation Department. Atthetimeofthehearingoftherecoursetheactchallenged 25 and/orcomplainedofceasedtoexist.Itcompletelydisappeared. Thesubject matteroftherecoursewasobliterated. The temporary posting in the Generation Department did not involve a betterment of status of any employees of the 30 Authority, but it was only effected for a limited period for training purposes. The only difference is that, when an employee of the Authority is posted in the Generation Department,heisworkingonlyonadailybasis,butthisentails nodifference instatusorinanyotherrespect. 35 Theactcomplainedofisaninternaladministrativemeasure. It is not an executory act amenable to the Revisional Jurisdiction ofthisCourt,underArticle 146oftheConstitution -(Case-Law oftheGreek CouncilofState(1929-1959),p.238, 40 Kyriakidou v.Republic
(1984)3C.L.R.122). Even if it were an executory act, has the recourse been 325 Stylianides, J. Karayiannides v. E.A.C.
(1989)abated? A recourse may be abated as a result of events which take place subsequent to the filing and before the conclusion of the hearing of such recourse. A recourse, in general, cannot 5 continue when itssubject-matter hasceasedto exist. The aim of a recourseisthejudicialreview andannulmentof an administrative act andtheerasing of all itsconsequences, or the legal results that it produced. Therefore, iftheapplicant did 10 suffer a detriment whilst the administrative act was still operative, and before it ceased to exist, the recourse is not abated. If,however,anapplicanthassuffered anydamages from the sub judice administrative act,though it ceased to exist after the filing of the recourse, he is entitled to have the recourse 15 determined as a judgment of this Court under paragraph 4 of Article 146 is a sine qua non to a claim for damages, under Article 146.6 before the appropriate Court. (Phedias Kyriakides and The Republic (Minister of Interior) 1 R.S.C.C, 66, 74) (See, inter alia, Ntinos Constantinou as 20 Administrator of the Estate of the Deceased Ekaterini Emmanuel and The Republic of Cyprus, through 1. The Minister of Interior, 2. The Director of Planning and Housing
(1966)3 CLR. 572; Telemachos Andreou and Others v. Republic (Council of Ministers)
(1975)3 CL.R. 25 108; Irr. Division "Katzilos" v. Republic
(1983)3 CL.R. 1068.) In the present case the complained of act ceased to exist at the time ofthehearing andno damage or detriment wascaused 30 to the applicant bythe act challenged. Apresent direct concretelegitimateinterest mustexist atthe time of the filing of the recourse until its conclusion (Avgoloupi v. Minister of Interior
(1985)3 CL.R. 1525; 35 Kritiotis v. Municipality of Paphos and Others
(1986)3 C.L.R. 322.) The applicant hadno legitimate interest, but, even if hehad, it did not continue to exist at the time of the hearing of the 40 recourse, as in the meantime the interested parties reverted to theirseat atDhekeliaPowerStation;Whereashe(theapplicant) 326 3 CL.R. Karayiannides v. E.A.C. Stylianides, J. was in the Generation Department at Nicosia undergoing the same training. Therefore, the recourse wasabated andcannot proceed. 5 For the foregoing reasons,this recourse isdismissed with no order asto costs. Recourse dismissed. No orderas 10 ro COSTS. 327