Granting a Preliminary Injunction by the Administrative Court of First Instance of Chania for the Suspension of a Driver’s License Revocation

Our law firm achieved a particularly crucial success before the Three-Member Administrative Court of First Instance of Chania, securing the issuance of a preliminary injunction that suspends the execution of a burdensome administrative act. The case, handled by our firm’s associate, Melina Thalassinaki, concerned the withdrawal of a driver’s license for a period of 365 days, which had been imposed on our client, a senior university student residing outside his permanent place of residence. This outcome highlights the vital importance of judicial protection against administrative acts that directly violate the principle of proportionality and unjustifiably infringe upon citizens’ rights.

The background of the case stems from a traffic accident in which our client bore no fault whatsoever, as it was caused by another driver violating a STOP sign. Our client faced the maximum prescribed penalty due to a marginal technical discrepancy in his vehicle’s engine power compared to what his driver’s license theoretically permitted, a discrepancy that in no way affected his driving ability or road safety. Despite the proven need for transportation and the obvious lack of intent, the Administration exhibited a rigid stance, failing to exercise its authority with the requisite leniency. Consequently, the imposition of the aforementioned administrative measure, without considering the specific circumstances of the case, constituted a blatant violation of the constitutional principle of proportionality.

Our defense strategy focused on substantiating the irreparable harm that the deprivation of the driver’s license for an entire year would cause, as such a development would render it objectively impossible for the student to commute to the university campus and generally attend to his basic daily personal and social needs. Consequently, the Administrative Court of First Instance of Chania, accepting our arguments, issued a preliminary injunction suspending the withdrawal of the driver’s license, thereby safeguarding our client’s right to the unhindered continuation of his daily and academic life. This decision serves as a deterrent to the disproportionate imposition of administrative penalties that exhaust citizens and are applied indiscriminately without taking specific parameters into account.