Buses importer claims discrimination

A company that imported open-top buses yesterday filed a constitutional application in court claiming that it had been discriminated against by the authorities. Alfred and Joseph Spiteri, on behalf of Garden of Eden Ltd, filed their application against the Malta Transport Authority, the Transport Ministry and against the Prime Minister.

The company told the court that after the plan concerning transport had been approved by the government in 1991 it had applied to import three open-top buses after the MTA declared that it had no objection to the importation.

However, once the vehicles were imported the Authority refused to license them on the grounds that they exceeded the height limitation imposed by EU legislation.

The Spiteris had filed a constitutional application in 2004 claiming that they had been discriminated against and their claim was upheld by the First Hall of the Civil Court. The three open-top buses were subsequently licensed.

In 2008 the company again imported eight buses but was unable to license them due to the failure on the part of the MTA to give an appointment for the vehicle inspections. The company then filed judicial proceedings against the Authority, which proceedings were still pending before the courts.

In 2009 the government published a legal notice in terms of which the company was bound to pay €1,800 to import each vehicle. This sum was due as the buses were to be used on scheduled routes.

The company claimed that it was being discriminated against for other bus importers had been authorised to import similar open-top buses. It further added that the legal notice was of itself discriminatory.

The court was requested to declare that the company had been discriminated against by the authorities and that the legal notice was discriminatory.

Lawyer Michael Tanti Dougall signed the application.