The First Hall of the Civil Court has ordered Easygas Malta Ltd (dark grey cylinders) to pay damages to Liquigas Malta Ltd (green cylinders) in connection with the use of Liquigas green cylinders for the sale of gas, which Easygas was found to have illegally and abusively over- painted in its own dark grey colour though the cylinders belonged to Liquigas.
Liquigas said it sells liquid petroleum gas in both green cylinders which it had bought and which had distinctive signs indicating their ownership by Liquigas, and in yellow cylinders previously owned by Enemalta which it had exclusive rights to use.
Liquigas said it came to know that Easygas was withdrawing from the market cylinders which are owned by Liquigas and placing Easygas markings on these cylinders by painting them in dark grey and put on sale. Liquigas pointed out that this reckless behaviour, spanning a number of years notwithstanding Liquigas’ reports to the relevant authorities, was an obstacle in its duty to ensure the condition of the cylinders according to law. Later, the Malta Resources Authority issued a cease and desist order against Easygas, which was ignored by Easygas.
Mr Justice Mark Chetcuti said no evidence had been submitted to overturn Liquigas’ contention that yellow cylinders were being painted in dark grey. Furthermore, expert reports had confirmed the painting of Liquigas cylinders.
The court agreed that Liquigas had suffered damages amounting to €146,335 by February 20, 2019. The court ordered Easygas Malta Ltd to pay that amount to Liquigas Malta Ltd, with interest from the date of the sentence. Costs are to be borne by Easygas.