Firm files protest over confiscation of imported cars

A company that imports second-hand cars yesterday filed a judicial protest complaining that it had not even been informed when 36 of its cars were confiscated by customs and given to the government.

Western Company Ltd filed the protest, in the First Hall of the Civil Court, against the Malta Transport Authority, the Customs Controller, the Used Vehicles Importers Association and the Police Commissioner.

The company claimed that it had been importing cars since 1998. In 2003 it received part of a consignment of cars from Japan and Dubai and the cars were taken to Laboratory Wharf, Valletta, for inspection by customs.

When it went to pick up the cars from the wharf, the company claimed, it was informed that a new tariff applied following Malta's accession into the EU on May 1, 2003.

Due to specific circumstances and commitments, the company was forced to pay large amounts of money for the release of some of the cars.

Meanwhile, the company learnt that the association had reached an agreement with the authority. This agreement allowed members of the association to benefit from the original (pre-accession) tariffs, and other benefits, until December 2003.

But since the company had opted to withdraw its membership from the association, as it had a right to do, it did not benefit from this agreement and was being asked to pay large amounts of money to release its cars from customs. This was discriminatory.

With 36 cars still held at the wharf, when in September 2006 the company went to collect its cars, it was informed that the vehicles had been confiscated by customs and given to various government branches.

The company argued that, apart from the fact that the cars still belonged to it, it had never been notified that the cars had been confiscated.

The company held the authorities and the association liable in damages.

Lawyer Edward Zammit Lewis signed the protest.