Advocate General concludes in favour of Malta in Gozo Channel Public Service Obligation contract

Date: 1st July, 2010

The conclusions of Advocate General Sharpston in the action of the European Commission versus the Republic of Malta, were published today.

The Advocate General has concluded that the Court of Justice of the European Union should dismiss the application filed by the Commission requesting the Court to declare that Malta is in breach of Regulation 3577 and further recommends that the Commission be ordered to pay the costs. 

According to the Advocate General, the main problem with the Commission's case was the fact that the Commission had requested a declaration that Malta did not abide by its obligations under the Regulation, when Malta had entered into the contract prior to Malta becoming a member of the European Union and therefore prior to that moment in time when the Regulation was binding upon Malta. The Court's judgment is now awaited.

Dr Ann Fenech and Dr Nicola Mallia assisted the Attorney General of Malta in the defence of this case.