Updated | EU nationals await sentencing on ARMS class action

A group of EU nationals residing in Malta told a court that they were launching a class action against Enemalta and ARMS Ltd over discrimination on their nationality, lawyer Juliet Galea said in court today.

Mr Justice Joseph Zammit McKean was hearing the submissions in the civil case of a number of foreign nationals living in Malta who say they were billed for their utility services as "non-residents".

The applicants' lawyer exhibited a large number of bills received by her clients.

Enemalta and ARMS lawyers heavily objected to the request to have each individual applicant reconcile their personal details with the account number of the bills, claiming they had never been given a copy of the list showing the names, passport numbers and account numbers of the claimants.

Judge McKeon called on both parties to calm down, explaining that this was a constitutional case and that proceedings should be kept flexible and practical.

Whilst confirming that the list of claimants was already exhibited in a past sitting, he said the court would rather ensure the administration of justice being done than hasten the proceedings. "Since the request is neither inconsistent with any rule of law nor is it prejudicial to any claim, the court authorises each claimant to confirm under oath the details exhibited in court on his behalf exhibited," McKeon said.

As a handful of claimants present in court took the witness stand to confirm their details, it became apparent that a number of applicants did not reside in Malta any longer.

Commenting outside the courtrooms, spokeswoman Patricia Graham said a number of EU citizens living in Malta receive utility bills charged at the so-called "domestic rate", paying about 30% more than those on the cheaper "residential" tariff. The action group are claiming this is discriminatory and that it runs counter to Malta's signing of the EU's acquis communautaire, which considers all EU citizens equal.

The case has been put off for January 2014 for sentencing.