Recommendations not implemented: Final Opinion on discriminatory ferry fare policy treatment regarding EU 60+ nationals who are non-Maltese

Recommendations not implemented: Final Opinion on discriminatory ferry fare policy treatment regarding EU 60+ nationals who are non-Maltese

Published October 16, 2024

In accordance with Article 22(4) of the Ombudsman Act, the Ombudsman, Judge Emeritus Joseph Zammit McKeon, has forwarded to the House of Representatives the Final Opinion on a case involving Gozo Channel Company Limited’s present policy regarding ferry fares for nationals from EU Member States who are aged 60 and over and who are not Maltese nationals.

The case concerns what the Ombudsman found to be the unfair treatment of a 60+ national from an EU country, who was charged a higher fare than Maltese nationals in the same age bracket.

The complaint

The complainant, a Portuguese national over 60 years old, was on holiday in Malta and travelled on a Gozo Channel ferry from Ċirkewwa to Mġarr on 1st June 2024. Despite informing the ticketing staff that he was aged 60+ and coming national as an EU Member State, he was charged the full passenger fare despite his age. The cashier did not request his identification to verify his age and nationality, asserting that the discounted fare was only available to Maltese nationals aged 60 and over. A witness, a Maltese national acting on behalf of the Portuguese national, filed a complaint with the Ombudsman, requesting that the ferry company change its discriminatory policy.

Facts and findings

Gozo Channel Company Limited did not dispute the facts of the case.

Instead, the company defended its position by referring to the Gozo Passenger and Goods Service (Fares) Regulations (S.L. 499.31), arguing that the discounted fare applied exclusively to holders of the “Karta Anzjan” (Senior Citizen Card), which is issued only to Maltese nationals.

Upon investigation, the Ombudsman found that the company’s interpretation of the regulations was restrictive and incorrect. The relevant legal provisions, while referring to the “Karta Anzjan,” do not exclude other forms of identification, such as valid EU-issued identity cards or passports, which also serve to verify a passenger’s age. Furthermore, the Ombudsman noted that the “Karta Anzjan” requirement had been rendered obsolete by reforms to the Maltese Identity Card system, which now includes age verification for individuals over 60.

The Ombudsman further cited a precedent involving an infringement case against Malta regarding discriminatory bus fares based on nationality. In that instance, the European Commission ruled that such practices violated the EU’s Internal Market Rules. Subsequently, Malta changed the discriminatory regulations.

Conclusions and recommendations

The Ombudsman concluded that the complainant was justified in his grievance. Gozo Channel’s policy of charging different fares to elderly EU nationals based on nationality was found to be contrary to law, unjust, and improperly discriminatory. The company’s argument that extending the subsidised fare to all EU citizens over 60 would have financial implications was deemed irrelevant and unsubstantiated.

The Ombudsman recommended that Gozo Channel Company Limited revise its policy to ensure that all EU nationals aged 60 and above be entitled to the same discounted fare as Maltese nationals in the same age bracket. The company was given one month to implement the recommendation.

Outcome

Since no feedback was forthcoming from Gozo Channel Limited, the Ombudsman brought the matter to the attention of the Prime Minister in the hope that it could be resolved through his good offices, thus avoiding the need for further procedures under Section 22(4) of the Ombudsman Act. However, as the Prime Minister did not remedy this injustice, the Ombudsman forwarded the report to the House of Representatives.