A Constitutional Court has dismissed a lawsuit filed by dozens of individuals who alleged that the Electrogas power station contract was rooted in corruption and fraudulently inflated their electricity bills. The case was brought against the State Advocate, Enemalta plc and ARMS Ltd in June 2021.
The plaintiffs argued that Enemalta could purchase natural gas directly from supplier Socar SA instead of buying it through Electrogas, resulting in higher rates for consumers to benefit private entities. They claimed this arrangement constituted fraud and negligence, seeking financial compensation for damages and the rescission of arrangements between Enemalta and Electrogas.
Chief Justice Mark Chetcuti, sitting with judges Anthony Ellul and Robert G. Mangion, found that the plaintiffs' claims did not meet the necessary legal threshold for a human rights violation. The court concluded that demands for refunds on allegedly overpaid bills amounted to mere "hope or expectation" rather than an existing possession or concrete legitimate expectation.
The judges pointed out that electricity tariffs in Malta are strictly established by law and noted that evidence presented showed utility tariffs had decreased following a 2014 legal notice, with no increase since the Electrogas agreement was signed. They clarified that citizens do not possess a subjective legal right to guarantee unchanged or unincreased electricity tariffs.
NGO Repubblika expressed disappointment at the Constitutional Court's decision, arguing it did not exonerate those involved in the Electrogas deal and exposed significant flaws in Malta's legal system. The organisation renewed its call for legal reforms to ensure victims of corruption are better protected and adequately compensated.