A court has ruled that a unilateral decision by Transport Malta to change permanent berthing contracts at Ta' Xbiex Yacht Marina to annual contracts was in violation of the tenants' fundamental human right to enjoyment of their property.
Mr Justice Joseph Zammit McKeon in the First Hall of the Civil Court delivered the judgement following a constitutional application filed by 19 yacht owners against the Authority.
Peter Muscat Scerri, Carmel Zerafa, Albert Attard, Roland Darmanin Kissaun, Henry Attard, Robert Cauchi, Shaun Arrigo, Emanuel Micallef, Joseph Casha, John Dalli, Christopher Pace, Geoff Fosberry, George Smith, Mark Darmanin Kissaun, Smyth Dunbar Trevor Sullivan, Paul Gauci, Paul Cremona, Silvio Farrugia and Gordon Mizzi told the court that for many years they had berthed their yachts at the Ta' Xbiex marina on the basis of a rental agreement against a reasonable annual berthing fee.
But in 2011 they were informed by the Authority that the terms and conditions of their berthing agreements would change and that they were obliged to enter into a new contract.
The yacht owners told the court that the new contracts were prejudicial to their interests. The previous contracts all stated that the berthing agreement was permanent and their rental receipts also included the term that the rent was permanent.
In terms of the new proposed agreement, the berthing was on an annual basis and the berthing fees were to increase substantially.
The owners added that the enforcement of this new agreement was in violation of their property rights as they contended that the rights they enjoyed in respect of berthing were property rights subject to protection.
In his judgement, Mr Justice Zammit McKeon concurred with the yacht owners and declared that the rights they had acquired in terms of their original berthing agreements were property rights subject to human rights' protection.
The state was bound to ensure that the individual had peaceful enjoyment of his or her property.
In this case it resulted that the owners had enjoyed the right to berth their yachts in this Marina on a permanent basis. It was the Authority which had unilaterally changed the terms of the berthing contracts as it had projects in mind for the Marina. The owners, said the court, had a vested right which merited protection. The Authority could changed its policies but it could not ignore the rights of the owners.
In conclusion Mr Justice Zammit McKeon found that the owners' rights had been violated. The Authority was ordered to respect the owners' rights to berth their yachts in the marina on a permanent and indefinite basis. This was subject to the condition that the owners had to pay the berthing fee which could be altered by the Authority on a reasonable basis from time to time.
Lawyers David Camilleri and Joseph Gatt were counsel to the yacht owners.