Court says no to hotel tables and chairs in Old Town
View of the Mouragia district in the Old Town. The use of public space for a hotel’s outdoor seating became the subject of a legal dispute, with the Administrative Court of First Instance rejecting the hotel’s application for a suspension of the measure. Photo: Дмитрий Мозжухин, CC BY 3.0.
CORFU. The Administrative Court of First Instance rejected a hotel’s application to suspend the Municipality’s refusal to grant it the use of public space. Fifteen local residents intervened in the legal proceedings, citing the need to protect historic monuments and ensure fire safety.
The Administrative Court of First Instance has rejected an application for a suspension order filed by a hotel business in the Old Town, seeking to temporarily overturn the Municipality’s decision not to grant a permit for placing tables and chairs in a public space for 2026.
According to a statement by lawyer Martha Thomou, who represented 15 local residents who intervened in the proceedings in support of the municipal decision, the Administrative Court’s three-member Second Suspension Chamber rejected the business’s application in ruling 132/2026.
The case concerns a public space measuring 50.50 square metres, where permission had been granted for outdoor seating in 2025. For 2026, however, the Deputy Mayor responsible for Commerce refused to renew the permit under decision 21111/1.7.2026, following negative opinions from the Ephorate of Antiquities.
The Ephorate had issued two negative opinions, dated 20 February and 18 June 2026, highlighting the site's proximity to the churches of Agios Andreas, just 4.7 metres away, and Panagia Limniotissa, 30 metres away.
Residents' objections
The 15 local residents argued that the installation of tables, chairs and awnings alters the character of the Old Town, which is protected as a UNESCO World Heritage Site, and creates safety concerns.
In particular, they cited a document from the Fire Service dated 12 May 2026, stating that the layout in question obstructs the passage and operational deployment of fire engines, including a 22-metre aerial platform vehicle.
They also challenged the legality of the 2025 permit, arguing that it had been granted without the required prior approval from the Ephorate of Antiquities.
The business's arguments
The hotel company argued that the ban on using the outdoor space would cause serious financial harm. It maintained that its indoor facilities were insufficient to accommodate guests during the tourist season, and warned of possible booking cancellations, refund requests and negative reviews.
The court's reasoning
The court rejected the application for a suspension order, ruling that the refusal to grant a permit constitutes an administrative act of a negative nature, and that suspending such a decision could not result in the granting of the permit being sought.
The substance of the dispute remains to be examined in the main proceedings.
GIORGOS KATSAITIS
