A group of non-Maltese residents incensed at being charged a third more for water and electricity than the Maltese yesterday declared on oath that they were EU citizens and lived permanently in Malta.

The 25-strong group took to the witness stand in a constitutional case where they are arguing that the discriminatory pricing violates European laws.

They filed the case against the Attorney General, Enemalta, Water Services and the Malta Resources Authority.

The regulations divide households’ electricity use into a “residential” tariff for the primary home of Maltese citizens and a “domestic” tariff, which is 30 per cent higher, for second homes and non-residents.

Government officials have argued the distinction is based on residency and not nationality, so does not violate EU rules.

But group lawyer Juliette Galea argued “the issue is nationality, not residence,” and they should not be discriminated against.

In legal arguments, the group quoted a 2006 EU Internal Market directive that states that access to a service “may not be denied or restricted by application of a criterion... relating to the recipient’s nationality or place of residence”.

During the sitting yesterday, Dr Galea asked Mr Justice Joseph Zammit Mckeon if at least one of her clients could testify on oath that they were EU citizens residing permanently in Malta.

Lawyer Susan Sciberras, from the Office of the Attorney General, objected, arguing they had plenty of time to present such evidence and said the court should defer the case for judgment on the preliminary technical issues.

Mr Justice Zammit Mckeon told her the court would decide once all issues had been clarified.

Nationality, not residence, is issue

“The strict and rigid rules of procedure are still flexible,” he said before adding everything had to be put into perspective.

In his decision, he said he would allow the group to testify and confirm their residence, nationality and the account numbers they had with the water and electricity provider.

One by one the residents who were in court took the witness stand to confirm their details and in the absence of others, Dr Galea took an oath on their behalf that the information was correct.

One man with the same name as actor Peter Sellers was called to testify, leading to a light-hearted moment when the judge asked if the actor really lived in Qrendi.

Mr Justice Zammit Mckeon deferred the case to January for judgment on preliminary pleas.