A group of non-Maltese residents who took the government to court over discriminatory utility tariffs have won the first part of the case.

In a preliminary judgment, Mr Justice Joseph Zammit Mckeon said that “the court, without hesitation, is of the considered opinion that all claimants (without exception) have interest at law to proceed with this action”.

The 25-strong group filed a constitutional case arguing that the discriminatory pricing violated European laws and their rights.

Rules governing domestic electricity consumption provided for 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, they noted.

The case was instituted against the Attorney General, Enemalta, the Water Services Corporation and the Malta Resources Authority but the judge ordered that the Attorney General, Water Services and the regulator be removed from the case because responsibility lay with the minister responsible for Enemalta.

Mr Justice Zammit Mckeon ordered that the case could now proceed onto the substantive issues at hand and is expected to continue in March.

Lawyer Juliette Galea for the group of non-Maltese residents said she was pleased that a judgment on preliminary pleas was handed down less than a year after the case started.