3 August 2023

Power Cuts In Malta: Understanding Consumer Rights And Legal Solutions

Over the past few days, Malta has been facing an unprecedented challenge with persistent power cuts. These power outages have significantly disrupted daily life, affected businesses...
Malta Consumer Protection
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Over the past few days, Malta has been facing an unprecedented challenge with persistent power cuts. These power outages have significantly disrupted daily life, affected businesses, households, and essential services, not to mention the sanity of a good number of people.

Just as with cancelled flights or concerts, consumers have rights in these circumstances, notwithstanding the fact that the sole provider of electricity in Malta and Gozo is a public limited liability company which is partially controlled by the Government of Malta – i.e. – Enemalta.

In this article, we aim to provide some guidance on remedies available to disgruntled consumers.

1. Insurance

If a property or business is covered by an insurance policy, there is a good chance that it is entitled to compensation for some, if not all, the damages and losses suffered. Consumers and businesses would do well to read their policies and speak to their insurers.

2. Customer Care team of Enemalta

Consumers who have suffered loss or damage due to power cuts can submit a Claim for Damages Application to Enemalta's customer care team which can be found on their website.

It is imperative that the claim is justified with detailed documentary evidence, such as proof of suffering from some medical condition which entailed treatment costs (i.e. invoices and medical certificates), documents that prove damages caused to electrical appliances and other material or moral damages. A claim for damages can be filed via e-mail or via post to:

Enemalta plc,

Customer Care,

Central Administration Building,

Church Wharf,

Il-Marsa MRS1571.

Enemalta should reply to emails and letters within seven calendar days.

If one is not satisfied with the results following consideration of their claim, there is the possibility to appeal to the Advisory Board (the application is found on the Enemalta website). However, this Board can review cases involving claims up to a maximum of €3,500.

3. Dispute Resolution by the Regulator for Energy and Water Services

The Regulator for Energy and Water Services (REWS) is in charge of policing and directing Malta's energy and water industries. Its main objectives are to safeguard consumer interests and make sure that these essential services are provided in a fair and effective manner. Dealing with customer complaints and conflicts, including those brought on by power outages, is also within its remit of competence. The regulator must consider your complaint within 90 days.

If complaining to the REWS one must first have exhausted the complaints handling process of Enemalta. The REWS also will not consider a case if it has already been referred to the courts.

Complaints can be filed by submitting the online form or by email at or by post to:

Regulator for Energy and Water Services,

Zentrum Business Centre

Level 1

Mdina Road

Qormi, QRM 9010

The decision of the REWS can also be appealed before the Administrative Review Tribunal.

4. Court case against Enemalta

If one is not satisfied by these dispute resolution methods, one can resolve to the ordinary courts or the Consumer Claims Tribunal.

If the claim does not exceed the sum of €5,000, this can be decided by the Small Claims Tribunal or the Consumer Claims Tribunal. The Consumer Claims Tribunal can hear claims up to a maximum of 10,000 Euro.

For larger claims, the First Hall of Civil Court would be the competent court.

According to the article 8 of Enemalta (Transfer of assets, rights, liabilities and obligations) Act, Enemalta is not liable for any loss or damage, which may be due to unavoidable accident, fair wear and tear or overloading due to unauthorised connection of apparatus, or to the reasonable requirements of the electrical system. To-date, Enemalta has claimed1 that the abnormal heatwave was the cause of the recent power cuts. It may therefore be difficult to prove that the recent outages were predictable and could have been avoided and therefore Enemalta is responsible.



The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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