Court clears way for commercialisation of Enemalta's petroleum division

The First Hall of the Civil Court, presided over by Mr Justice Albert J. Magri, has rejected a request by Attard Services Limited (ASL) to stop Enemalta Corporation and the government from awarding a concession for the management, operation, maintenance and development of the corporation's petroleum division.

This was the second application for the issue of a warrant of prohibitory injunction filed this year against Enemalta, albeit ASL this time limited the request to the award of the infrastructure dealing with the aviation fuel at Malta International Airport. The first application was also rejected by the First Hall presided over by Mr Justice Geoffrey Valencia.

In its decree, the court referred to the first application for the issue of a warrant of prohibitory injunction and considered that, as in the first case, ASL had failed to prove that, with the award by Enemalta and the government of the service concession, its position would suffer irremediable prejudice and that it would be more difficult for ASL to exercise rights of access over the aviation infrastructure. The court also considered that, although this time ASL sought to limit its claims to the aviation section of the commercialisation process, the issue of the warrant would still be tantamount to an effective block on the whole privatisation process, a remedy that is not proportional to the right sought to be protected.

Lawyers Louis Cassar Pullicino and Antoine Cremona represented Enemalta Corporation.

Lawyer Stefan Frendo appeared for the Privatisation Unit.

Lawyer Josette Demicoli from the Office of the Attorney General appeared for the government.