Two Libyan VIP jets, which are normally used to fly top government officials, have been ordered to stay in Malta until a legal battle between two Libyan rival companies is settled.
The court, presided over by Madam Justice Miriam Hayman, turned down a request by Executive Authority for Air Cargo and Special Flights (EACS) of Libya to reverse an arrest warrant issued at the request of United Aviation Company (UAC)
Instead, the court ordered that the two jets, worth over €70 million, should stay grounded in Malta until the court decides a new case over who owns the two jets.
The issue is part of a struggle between the two governments in Libya over the control of the country’s assets abroad.
On one side is Tripoli-based UAC, which had been set up by the former Libyan government under Gaddafi and claims ownership of the planes.
The court must decide who owns the two jets
On the other side is EACS, backed by the internationally recognised government of Tobruk, which took over the assets of UAC following the overthrow of the regime and is operating the aircraft.
The two planes were arrested last month after the UAC filed an injunction to have them seized.
In court, lawyer Mario de Marco, assisting UAC, said that although it was true that the recognised Libyan government had passed a resolution to liquidate UAC and pass its assets to the new company, the liquidation never materialised and UAC was still in operation according to law.
On the other hand, Pio Valletta, representing EACS, argued that UAC had ceased to exist.
In its decision, the court said that, while it was not within its competence to determine which of the companies should own the two VIP planes, it dismissed the attempt to lift the injunction, saying it was legal and should be kept in place.
In view of this decision, UAC immediately filed a new case claiming ownership of the planes.
It is not yet known how long the two planes will be kept in Malta.
However, sources said that the planes were technically grounded and could only fly once the new court case between the two companies on opposing sides of the Libyan political divide is decided.
The planes are being held at Park 4 of the Malta International Airport.