Court upholds claim to permanent berthing

The Constitutional Court decreed that Transport Malta had violated the rights of berth holders at Ta' Xbiex Yacht Marina, when permanent contracts were switched to annual contracts, and the berthing fee tripled.

After berthing their boats at the Ta' Xbiex Marina for many years, 19 yacht owners felt aggravated when TM informed them of a new annual contract would replace their permanent berth rental agreement in 2011. Moreover the annual berthing fee paid to TM would be tripled when the new contract came into force. The owners filed a Constitutional case claiming the new agreement breached their rights as the original contract bore the wording 'permanent', which was also shown on their receipts.

The Constitutional Court decreed that the owners had acquired rights through the original rental contract. "Such rights enjoy the protection of the court and the state is bound that people enjoy their property. The Authority ignored such rights and unilaterally called into force a new agreement", the judge said.

Mr Justice Joseph Zammit McKeon ruled that the Authority's decision was in violation of the tenants' fundamental human right to enjoyment of their property. Transport Malta was ordered to revert back to the permanent and indefinite contracts and any increase in fees has to be applied in a structured and reasonable manner.

Lawyers David Camilleri and Joseph Gatt appeared for the claimants.