Appeal court confirms ruling in favour of Gozo taxis

The Court of Appeal has confirmed as invalid a decision taken by the Public Transport Authority not to allow Gozitan taxis to be used in Malta.

The original judgment had been delivered by the First Hall of the Civil court in a case filed by 11 owners of taxis registered in Gozo.

Grezzju Debono, Joseph Muscat, Joseph Grima, Carmel Buttigieg, Eucharist Sultana, Gregory Spiteri, Carmel Xuereb, Joseph Tabone, Marjanus Mifsud, Carmelo Borg and Anthony Tabone had filed their writ against the authority, the Director of Traffic and the Police Commissioner.

The taxi owners had requested the court to review an administrative decision concerning policy (which was in force in October, 1996 when the writ was filed) to the effect that taxis belonging to Gozitan owners and registered in Gozo could not be used in Malta.

The policy also stipulated that a Gozitan taxi owner was precluded from operating a taxi in Malta and that a Gozo-registered taxi cold not be transferred to a Maltese owner.

The plaintiffs had requested the court to declare that these policy decisions were abusive, taken for the wrong reasons and based on irrelevant considerations.

The court had also been requested to declare that these decisions were discriminatory and irrational.

The appeal court upheld the judgment of the first court, which had ruled that the decisions were invalid.

The first court had noted, after hearing the evidence produced, that the authority had based its decision upon whether an agreement was reached between Maltese and Gozitan taxi owners.

It also resulted that it was not in the interest of the Maltese taxi owners for a change to be effected to this policy. Thus, in effect, the Maltese taxi owners had been given a right of veto to changes in this policy.

The first court had pointed out that when an administrative authority was vested with discretion to take a decision, that authority was free to take all relevant factors into consideration. The agreement, or lack thereof, between Gozitan and Maltese taxi owners was definitely a relevant factor which the authority was entitled to take into consideration.

However, it was definitely not a determining factor. It was the authority that was entrusted with decision-making facilities, and not the individual taxi owners. By linking its decision to agreement being reached between the different taxi owners, the authority was not making proper use of its discretionary powers and was abdicating its responsibilities.

The appeal court confirmed the judgment insofar as it affected the Public Transport Authority.

However, it overturned that part of the judgment concerning the Director of Traffic and the Police Commissioner.

It upheld the submissions of the director and commissioner who claimed they ought not to have been sued as the litigation revolved around a decision taken by the authority.

The court was composed of Chief Justice Vincent Degaetano, Mr Justice Joseph D. Camilleri and Mr Justice Joseph A. Filletti.