We are a group of EU residents in Malta collectively known via Facebook as “Class Action Against Arms” and can be contacted on [email protected]. We are planning to take ARMS Ltd to court, over a breach of the European Commission Directive on free movement of EU citizens, as it is in breach of one of the key principles of the EU in that it is not treating EU nationals fairly, ie as equals to local nationals.

ARMS Ltd charges significantly higher rates for water and electricity to non-Maltese EU citizens residing in the Maltese Islands. When bills are issued and later contested, ARMS Ltd claims that Maltese residency is not accepted on the basis of an EU citizen’s possession of a Maltese Identity card alone. In contrast to what is accepted for a Maltese national, many non-Maltese residents are being asked for even more supporting documentation such as a residence permit, their landlord’s ID card number, tax returns, payslips, evidence of SSC payments, etc., and we even know of someone being requested to provide a current health certificate.

We are currently actively seeking the help of several institutions such as the British High Commission, UK Foreign Minister William Hague, the European Commission via Mrs Vivienne Reding and Mrs Chiara Adamo. As a result of recent communications, the EU has since issued a formal notice to Malta for the incorrect application of the EU free movement directive. The manner in which ARMS and the Maltese government are applying the directive is clearly illegal.

Interestingly, ARMS has recently but reluctantly (and not without a lot of hassle) agreed to change the residency status of some EU residents, based solely on presentation of their ID card, but have absolutely refused to refund any overcharges they have made, even when the delays in processing applications are caused solely by them and their inefficient procedures.

Several residents are now working together to instigate a class action against ARMS over refunds of the amounts overcharged which, in one case alone, amounts to a five figure sum. Our group intends filing a court case in Malta, and have it followed closely by the Department of the Directorate-general for Justice, within the European Commission.

David and Caroline Reiling

MELLIEHA