An Israeli company, a failed bidder for the Delimara power station extension, is not excluding suing the government if the European Commission’s investigation into the tender concludes that EU directives were broken.

“Bateman is following the Commission’s investigation and keeping all its options open. Its decisions will be based on how the case develops,” general manager Shaul Morgenstern said when asked whether the company would take legal action if the accusations made by the Commission were substantiated.

In June, the Commission sent a three-page letter to the government accusing it of having “discriminated in favour” of bidders with diesel engine proposals when it changed the law raising emissions thresholds towards the end of the tendering process.

This is the first time Bateman is speaking out since this letter was made public. According to the Commission, the change in the law put Bateman, which offered a cleaner gas-powered plant, at a disadvantage.

The letter was the first step in a protracted process that could lead to legal action against the government.

The government has so far refused to comment on the possible outcome of the Commission’s investigation, insisting it replied to all queries raised and supplied all the necessary information to Brussels.

It was The Sunday Times that first revealed the existence of the Commission’s letter. Subsequently, the Labour Party published the letter after the government refused to reveal its contents.

Labour leader Joseph Muscat challenged the government to publish the replies, a request that has been turned down.