TM weighing options after court upholds claim to permanent berthing

Transport Malta is considering filing an appeal against a court judgement handed yesterday by the Constitutional Court.

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

In 2011, Transport Malta informed 19 yacht owners that a new annual contract would replace their permanent berth rental agreement.

The fight however appears to be far from over as Transport Malta is mulling the option to appeal the judgement.

Contacted by MaltaToday, Transport Malta CEO James Piscopo confirmed that the authority was “looking at various options, including that of filing an appeal”.

In their Constitutional case, the yacht owners claimed the new agreement breached their rights as the original contract bore the wordings '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 to ensure that people enjoy their property. The Authority ignored such rights and unilaterally called into force a new agreement.”