Steward Health Care International has filed a formal complaint to the European Commission against the government and the judiciary for infringement of EU law, on several grounds, as the bitter battle over the Maltese hospitals deal grows.
The company lashed out at the judge who had concluded that the deal was fraudulent and claimed that the verdict was driven by political motives.
A court annulled the concession agreement through which Vitals Global Healthcare and later Steward took over the management of Karin Grech, St Luke's and Gozo hospitals.
Steward has appealed that verdict, arguing that it was defrauded by the Maltese government and punished by a biased court.
The government later sent a termination letter to Steward, informing it that it is stepping in immediately to run the three hospitals it had administered.
In a harshly-worded statement released on Thursday, Steward said it emphatically rejected the narrative of the judge’s findings.
It described the judgment as one that fails to support its ruling with evidence or on applicable legal grounds. The judgment's narrative, which is speculative and highly conjectural, could have been disproven had Steward been asked to supply evidence on these counts to court. Such a request was never made, neglecting, therefore, the right to a defence.
It insisted the judgment breaches EU law on various fronts.
"It is incompatible with the key principle of free movement of capital, and is not compliant with the general principles of legal certainty and legitimate expectations, as well as the principle of proportionality," it said.
Steward said it also considered that the judge "significantly and deliberately" overreached his remit.
"This is a serious breach of the judicial practice and a clear indication that the verdict was arrived at as a result of political, rather than factual, motives," it said.
"These failings – along with most others present in the judgment – represent major concerns for the rule of law in Malta, a country that has been afflicted by significant corruption scandals relating to the executive, legislative, and judicial arms of authority for many years (some of which have even required investigation and demands that changes be implemented by the European Banking Authority)," Steward said.
Steward said this latest example of the deterioration of the rule of law in Malta will have serious implications for the future of foreign investment in the country.
"As illustrated by the wildly unsound court verdict and subsequent coordinated behaviour by ostensibly independent government agencies, SHCI has deep concerns about the rule of law and proper functioning of the pillars of government.
SHCI has submitted its complaint to the European Commission alongside pursuing its case in Malta and the request to appeal the preliminary ruling with the European Court of Justice.