A haulage operator was awarded €40,000 in damages after the court ruled that Customs had illegally and unfairly stopped him from operating his business when it refused to issue the licence plates that would allow him to operate, despite him having the necessary licenses.

In the judgment, the court heavily criticised the “oppressive” system used by Customs - where no new haulier’s licences are issued on a permanent basis, protecting current hauliers but blocking others from entering the market.

Mr Justice Toni Abela, the First Hall of the Civil Court in its Constitutional Justification, handed down the judgment in the case filed by Joseph Galea as the owner of Freeways Logistics Limited. The company has since had to close down.

Galea noted that he was a licensed road haulage operator and held a  national and international license. The national license was issued by Transport Malta.

On April 17 2014, he was stopped by Customs abusively because there was a refusal to issue an ‘HQ’ registration plate that would allow him to operate.

He argued that the law stated that hauliers in possession of the community license are entitled to carry out international transport between member states without restrictions. The decision to stop him from operating was illegal, abusive and in breach of this rights.

The judge noted that the way in which Customs regulated haulage permits was “very hazy”.

“There is no homogenous and clear system that allows whoever wants to enter the haulage business to know where he stands. The system is a hotchpotch of old laws, customs and unorthodox practices made even more complicated by EU regulations,” the judge said.

The court noted that Galea had the necessary licences, which meant the refusal to issue the licences was “unreasonable and not objective” because the measure taken by Customs not to issue any new haulage licences was oppressive since it was a permanent and not temporary decision.

Lawyer Mark Busuttil appeared for Galea.