​PRESS RELEASE BY THE MINISTRY FOR TRANSPORT, INFRASTRUCTURE AND PUBLIC WORKS The Commission refers Malta to the Court of Justice of the European Union over Port Workers Legislation

The Government of Malta takes note of the European Commission’s decision to refer Malta to the Court of Justice of the European Union concerning national legislation regulating port workers.

As it has consistently done in the past years, the Government remains committed to defending its legislative framework—particularly the 2017 amendments to the Port Workers Regulations. These amendments were introduced to mitigate the negative side effects and potential legal challenges that arose from earlier reforms implemented following Malta’s accession to the European Union.

Malta maintains that the contested legislation does not constitute a preferential scheme, but rather a targeted, time-bound transitory regime designed to address past instances of discrimination. This framework is especially relevant given Malta’s unique circumstances as an insular Member State, heavily reliant on maritime routes and the regular, uninterrupted flow of goods at competitive prices.

The Government will continue to defend its position before the CJEU and remains confident in the legitimacy and proportionality of its legal framework.