The company claimed the raid was unjust because the company is not violating the legal notice that said all imported drinks should be in reusable glass containers since it had informed the Malta Environment and Planning Authority as well as Rural Affairs and Environment Minister George Pullicino of the recycling system it has.
The protest, filed against the authority, the minister and the police commissioner, said the raid was a result of the enforcement of the legal notice that claimed Orangina was being imported illegally because it did not satisfy the requisites laid down by the notice.
The legal notice in question claimed that any imported non-alcoholic drinks must be bottled in reusable glass containers. In fact, the protest went on to quote Minister Pullicino saying that “if importers create a return system for bottles and inform Mepa of how they intend to recycle them, they can import whatever they like.”
Orangina bottles can be returned and are then collected and disposed of in line with the environmental laws, said the protest. Food Industries Limited claimed it had sent the minister an e-mail explaining the importation and recycling system of Orangina. The company said the minister gave no acknowledgement that the e-mail was received.
Food Industries Limited claimed the enforcing of this legal notice is an attempt to inhibit and quell competitiveness. The raids had the sole purpose of safeguarding the interests of the members of the Association of Soft Drinks Manufacturers, the protest claimed.
The legal notice was only enforced after Mepa was pressurised by the association. The protest claimed the raid shows that the association and Mepa were ignoring the fact that the company was conforming to the legal notice by creating a recycling system.
Food Industries Limited demanded Mepa, the minister and the police commissioner cease this line of action that it claimed unjustly protected the economic market and held them responsible for any damages the company suffered due to this raid.
The protest was filed in the first hall of the Civil Court by Dr Franco Vassallo.