Virtù Ferries, which is challenging the award of a fast ferry contract by Gozo Channel to an ‘inexperienced’ company, has asked the courts to seek the European Court of Justice’s advice before passing judgement.
Invoking a provision of the EU Treaties, a move rarely used in Malta, Virtù Ferries filed an application asking the Court of Appeal to suspend its procedures and make a preliminary reference to the EU’s Court since the issues at stake involved the interpretation of EU directives.
In its application to the Appeal Court, presided over by Chief Justice Joseph Azzopardi, Virtù Ferries said that among the matters to be addressed was whether Gozo Channel, a State entity, was a contracting authority and whether a ‘preliminary market consultation’ process, invoked by the State entity as the reason why this was not a normal tender, could be employed in an acquisition of a service.
The contract, awarded by Gozo Channel last year, ended up in court after Virtù Ferries objected that, despite having all the necessary know how and making the best offer, an inexperienced company – Islands Ferry Network Ltd – was instead selected as Gozo Channel’s fast ferry partner.
The Sunday Times…
