A Judicial Protest was filed on Friday by the ARMS Class Action group supported by EUCAD.

The group had been preparing to submit a case in the Maltese Courts “on behalf of a number of EU residents in Malta” who, the group said “have been charged significantly more for their electricity and water because their Maltese residency is not accepted by ARMS on the basis of their Identity Cards and often, other supporting documentation.”

The ARMS Class Action Group have issued details of the Judicial Protest which are shown below:

“For and on Behalf of Arms Class Action Group

Judicial Protest filed by Patricia Graham, James Parsons and others: Respectfully disclose before this Honourable Court:

The protestors, for all purposes and effects at law, formally advise the defendant company and Authority:

1. That the protestors are non-Maltese European Union citizens;

2. That the protestors are being subjected to non-transparent, equivocal and lengthy administrative practices when applying for the provision of non-commercial electricity and water services. In certain instances, information requested by the defendant company violates the protestors’ right to data protection. These practices, when broadly compared to the treatment afforded to Maltese European Union citizens by the defendant company, are also discriminatory;

3. That the applicants are facing or actually being charged electricity and water tariffs at financially disadvantageously and discriminatory rates by the defendant company when compared generally to Maltese European citizens. Additionally, the protestors are not enjoying equal benefits such as the eco-reduction scheme;

4. That, amongst other things, the distinction existing at Maltese Law between residential and domestic tariffs finds no counter-part in the corresponding European legislation as the latter merely distinguishes between residential and non-residential (commercial) use and the legality of the said distinction at Maltese law (when applied to EU citizens) is therefore questioned;

5. That the said administrative practice and higher tariffs being charged (see 3 and 4 above) violate several EU directives and also the principal EU Treaty which guarantees freedom of establishment and the freedom to provide (and receive) services and the right to good administrative practice provided by the EU Charter.

6. The protestors have the right to benefit from transparent, simple and inexpensive procedures for dealing with their complaints. In particular, as consumers they the right to a good standard of service and complaint handling by their provider. They have a right to out-of-court dispute settlements procedures which enablse disputes to be settled fairly and promptly, preferably within three months, with provision, where warranted, for a system of reimbursement and/or compensation. They should, wherever possible, be in line with the principles set out in Commission Recommendation 98/257/EC of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes;

Therefore the protestors, while holding the defendant company and Authority responsible for any damage, whether direct or indirect, wilfully or negligently inflicted on them by the defendants demand the full reinstatement of their rights. Additionally, the protestors reserve their right to be fully reimbursed, including their right to legal interest from the date when such reimbursement is due to the date of full effective discharge of the defendants’ obligations, demand that:

They are informed and in detail about the procedure in premise number six;

In view of the delay already endured by the protestors, that the defendants resolve all the issue mentioned herein within three weeks from the date of receipt of this protest;

They are supplied with a comprehensive list of all documents requested form Maltese Europeans when applying for water and electricity for their non-commercial use;

They are supplied with a comprehensive list of all documents requested from non-Maltese Europeans when applying for water and electricity for non-commercial use;

They are provided with the legal reasoning for every difference in the information requested in demands three and four and to ensure that none of the information requested violates the protestors’ right to privacy;

The defendants declare whether they are ready to concede the illegality of the application of the distinction between residential and domestic tariffs to European citizens who have a sole residence in Malta. Or as the case maybe, a secondary residence in Malta;

The defendants provide the protestors with electricity and water services for non-commercial use under the same conditions and with the same ease of access that said services are provided to Maltese European citizens and with a high level of customer service, as provided for in the relevant European legislation;

the defendants propose a method of reimbursement in the event that it results that the protestors have paid higher rates than those they were entitled to enjoy for non-commercial water and electricity use;

If the protestors fail to receive a comprehensive and satisfactory written reply (a copy of which must be provided in the English language) further legal action will be undertaken against the defendants.

The defendant company is advised to not terminate or interrupt the utility services of the protesters at any time during this dispute.

All legal and judicial expenses reserved.”

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