Liquigas has filed an application in court for the issuing of a warrant to stop Easygas from collecting LPG cylinders belonging to Liquigas.

“In a competitive market, the practice of collecting and storing containers of one’s competitor is certainly not acceptable. Furthermore, the practice of cylinder exchange is totally prohibited in European countries, where legislation imposes precise obligations for removing cylinders from the market," Liquigas said.

In the privatisation exercise, Liquigas inherited all Enemalta Corporation’s yellow and brown cylinders under the terms of an agreement signed on 28 November 2008. Subsequently, Liquigas started an extensive retesting process of the LPG cylinders, and in the process started changing their colour from yellow and brown to Liquigas green. Since 2009, Liquigas also purchased new green cylinders and these were put on the market.

Amid the controversy which developed as Liquigas started demanding receipts from consumers who wished to return its cylinders, Maltagas started to take the Liquigas cylinders itself when consumers wished to make the switch to its product.

Liquigas stated that Easygas’s withholding of Liquigas’s cylinders was manifestly illegal and abusive because it constituted a violation of Liquigas’s proprietory rights, both material and intellectual.

"It is obvious that a company operating in the LPG sector should have total control over its cylinders even for reasons of safety relating to the cylinders in which it sells its LPG," Liquigas said.

"In this case, Liquigas is being prejudiced also because part of its stock of cylinders is being withheld at Easygas, causing Liquigas stock of cylinders to shrink."

Mr Justice Caruana Demajo assigned the hearing for February 9.

The application was signed by Dr Richard Camilleri, Dr Stephen Muscat and P.L. Christina Fiorini Lowell.

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