Liquigas files for warrant of prohibitory injunction against Easygas

In a statement, Liquigas announced that it has filed an application before the First Hall of the Civil Court for the issuing of the warrant of prohibitory injunction against Easygas Malta Ltd.

“In a competitive market, the practice of collecting and storing containers of one’s competitor is certainly not acceptable. Furthermore, the practice of cylinder exchange is totally prohibited in European countries, where legislation imposes precise obligations for removing cylinders from the market," Liquigas said.

In its statement, Liqguias added that in the privatisation exercise, Liquigas inherited all Enemalta Corporation’s yellow and brown cylinders under the terms of an agreement signed on 28 November 2008. “Subsequently, Liquigas started an extensive  re-testing process of the LPG cylinders, and in the process started changing their colour from yellow and brown to Liquigas green. Since 2009, Liquigas also purchased new green cylinders and these were put on the market.”

In this light, Liquigas maintained that Easygas’s withholding of Liquigas’s cylinders is manifestly illegal and abusive because it constitutes a violation of Liquigas’s proprietary rights, both material and intellectual.

“It is obvious that a company operating in the LPG sector should have total control over its cylinders even for reasons of safety relating to the cylinders in which it sells its LPG.”

In this case, the supplier maintained, “Liquigas is being prejudiced also because part of its stock of cylinders is being withheld at Easygas, causing Liquigas stock of cylinders to shrink.”

Judge Caruana Demajo announced that a hearing be appointed for February 9^th during which further submissions will be put forward. The warrant of prohibitory injunction was signed by Dr Richard Camilleri, Dr Stephen Muscat and P.L. Christina Fiorini Lowell.