
Vlora International Airport, the largest airport project under construction in the country, has turned into an open legal battle between shareholders, with consequences that, according to the Swiss company MABCO, affect not only ownership and investment, but also public safety and potentially the finances of the Albanian state.
In a press conference, representatives of the Swiss company stated that, although it owns 98% of the concession company's shares, they are currently excluded from any decision-making rights, in what they call "de facto expropriation" by court decision.
The conflict is related to an alleged contract for the transfer of 47% of the quotas to the minority partner 2A Group , which currently has only 2% of the shares, while in parallel two decisions for securing a lawsuit have been issued by the Court of First Instance, which according to the company have completely suspended the voting rights for 98% of the quotas.
An interim decision of the Appeals Court had given the Swiss company the right to continue the works, but the measure was reinstated by the First Instance Court.
Representatives of the MABCO company at the media conference, regarding the situation created for the Vlora airport.
MABCO advisor, Ornela Çuçi, spoke in alarm tones about the situation created, stating that: "Practically today that we are speaking, MABCO, which officially owns 98% of the shares of this airport, has been completely stripped of any decision-making rights, thus leading to its expropriation, although it has invested almost 18 million euros from its properties. Add to this the amount that was invested in the airport from the loan received from the National Commercial Bank."
According to her, the consequences are not just corporate. They directly affect the safety and progress of the project.
"Today, not only do we not have a ready airport, but above all, we do not have a safe airport because no one has audited how safe this airport is. And what MABCO is asking for is to evaluate it through a company that is among the most well-known in the world for certifying airports, for certifying security measures, techniques, and the way an airport operates, which is SGS, which will be paid for again, and I emphasize that it will be paid for by the 98% shareholder of this airport," said Çuçi.
Essentially, the company claims that it has been left out of any control mechanism over a project that it financed with substantial collateral.
According to publicly available data, the 57 million euro loan received by the concessionaire company was guaranteed with MABCO's assets, while the minority partner only pledged its quotas.
The company's lawyer, Ervin Metalla, described the situation as a reversal of the logic of commercial law: "And if the Court of Appeal does not review the case in time, like the first instance, MABCO will be expropriated. It has 98% of the quotas and is de facto expropriated by court decision."
He publicly posed a question that is actually the essence of the legal debate: " You are right to ask me: Does the partner with 2% have the right to exclude the partner with 98%? No! There is no discussion !"
According to Metalla, the complete suspension of voting rights for 98% of the quotas is a dangerous precedent for the legal security of strategic investments.
If this situation persists, the warning is clear: the conflict could be shifted to international arbitration, with financial consequences for the Albanian state, given that it is a concession contract.
Meanwhile, the legal director of Mabetex in Switzerland, Korab Troplica, stated that the situation has gone beyond the formal court decision, being accompanied by actions that he considers abusive.
"It's good that the court has decided to suspend the right to vote, but there is also an interesting development that I believe, the minority partner, with 2%, has completely acquired the VIA company now and it's good that they don't let us vote, according to the court's decision, but they don't even inform us when there is an assembly meeting, which I am obliged to be informed about, to come and participate."
He added: " So there are excesses, beyond the court decision which is legally unacceptable, there are excesses in the way the court decision is being implemented ."
Essentially, according to MABCO, minority shareholder 2A Group has not only benefited from unfair court decisions, but has taken full control over the company's administration, without transparency and without the involvement of the main investor.
If the company's claims are proven on the merits, the Vlora Airport case risks becoming a serious precedent for the investment climate in Albania: a 98% shareholder declaring that he is excluded from his property and a strategic project blocked in the midst of legal proceedings affecting the safety of an infrastructure that is expected to welcome thousands of passengers.
Pending the final decision of the Court of Appeal, the trial for Vlora Airport turns out to be a dubious matter for the legal certainty of the concessions and for the cost that the Albanian state may pay if this issue ends up across borders, in an international arbitration hall.