The Garden of Eden Garage is seeking damages from the transport authority over delays in the issuing of permits for the operation of three open-top buses.

The company's court application comes after the Commission for Fair Trading (CFT) slammed the Malta Transport Authority (ADT) for delaying the permits for the buses, which permits have now been issued.

The commission had concluded that the delay was only lengthened to favour the operator's direct competitors. The owners of the Garden of Eden Garage insisted in their court application yesterday that the delay was abusive in terms of the Competition Act and caused the company financial losses.

They said the three buses had been imported in 1993 with no objection from the ADT. However, the authority subsequently failed to register the buses and issue the number plates.

In 1997, the authority told the company it intended to issue licences for the operation of open-top buses, saying in a letter that "the board is favourably considering allowing you to operate open-top buses". But the situation remained unchanged.

The transport authority had first claimed the open-top buses posed a safety risk despite being below the maximum height of four metres. Eventually they changed their minds and issued the permits last October.

Lawyers Michael Tanti Dougall, Kris Borg, Aldo Vella and Mark Simiana signed the application.