Two consumers have taken Arms Ltd to court, claiming that the current system of calculating energy consumption runs counter to EU laws.

Darren Cordina and Notary Melvin Polidano claimed that under the present system, bi-monthly bills are calculated on an annual pro rata projected consumption rather than on the basis of a cumulative annual consumption according to law.

The company’s projections were effectively placing consumers under higher tariffs, billing them for more units with no conciliatory exercise being carried out. Consequently, at the end of the day, consumers are not refunded for the excessive payments made.

Such a practice was in breach of EU Directives safeguarding consumer rights, promoting energy efficiency and preventing unfair commercial practices, which today form part and parcel of Maltese law, the two argued.

They asked the court to declare the billing system used by Arms Ltd in breach of EU and national law.

They also called upon the court to order Arms Ltd to rectify the situation whilst declaring the company responsible for damages, liquidating and paying damages.

Lawyer Maxilene Ellul signed the application.