Gas provider Liquigas yesterday upped its legal action against Easygas, claiming damages and breach of property rights for the “illegal and abusive” repainting of its gas cylinders in grey by the rival company.
Liquigas opened a court case calling on the court to find Easygas responsible and order it to pay damages.
Consumer safety was being jeopardised, the company said. Easygas was putting the painted cylinders on the market to the detriment of the public.
Liquigas was being put in a position where, because of this “irresponsible behaviour”, it could not assume responsibility for the cylinders as required by law for the safety of consumers.
“We have an abusive situation, where our yellow and green cylinders are repainted in grey, making it difficult for Liquigas to manage its cylinder stock to ensure they are up to the re-quired standard for the benefit of the consumers.
“At the same time, Liquigas is obliged to assume various responsibilities imposed on the company to ensure that these cylinders remain safe,” Liquigas CEO Roberto Capelluto said.
He pointed out that the company was faced with an illegal and irresponsible practice “leading to an absurd situation that one does not expect to find in normal well-functioning markets”.
The Malta Resources Authority issued a cease and desist order against Easygas to stop this illegal activity and return the cylinders to the rightful owner. However, this was ignored by Easygas, Mr Capelluto said.
The company highlighted that this particular behaviour by Easygas was not an isolated case. There had been several attempts by that company to hijack and use Liquigas’s cylinders, leaving it with no other option but to take action against it for abuse.
Last February, Liquigas filed a judicial protest claiming Easygas had violated property rights and breached safety regulations.
The company recalled that, in November 2011, it had discovered that Easygas was sending Liquigas cylinders to Salerno, Italy, to have them repainted dark grey but the cylinders were released by the Italian authorities back to Liquigas.
In November 2013, video evidence was produced that showed Easygas filling Liquigas green and yellow cylinders. MRA had sealed off the illegal cylinder-filling equipment.
The court application was filed yesterday by lawyers Stephen Muscat and Louise Sant Fournier and legal procurator Silvana Vella.