Malta taken to Court of Justice over MIA groundhandling feud

Today the European Commission adopted a decision to refer Malta to the European Court of Justice with regard to Malta’s alleged failure to fulfil its obligations under Directive 96/67/EC on access to the groundhandling market at Community Airports.

The Ministry for Infrastructure, Transport and Communications said that Malta has repeatedly informed the Commission that the government has taken all necessary measures afforded to it at law, in order to ensure the full implementation of the directive.

“Besides ensuring the successful conclusion of a tendering process to ensure that Malta has at least two operators to provide groundhandling services at the Malta International Airport, Malta also appointed an independent examiner to confirm that there was proper separation of accounts by Enemalta in line with the requirements of the Directive,” the ministry said.

“The report of the independent examiner which has been forwarded to the Commission so far confirms that the accounts of Enemalta have been effectively separated.”

Despite Shell Aviation having been appointed as the second licensed operator for aviation fuels in June 2004, Shell has refrained from providing groundhandling fuel services at the airport due to an ongoing dispute between Shell and Enemalta Corporation on the amount of the fee established for the use of the existing central infrastructure, which belongs to Enemalta.

Shell Aviation had and still has the right to provide groundhandling fuel services without any legal impediment from the government, the ministry said.