The Ministry of Infrastructure and Energy has initiated procedures for the cancellation of the Vlora Airport concession contract. Following this news, Behgjet Pacolli, who on behalf of the company “MABCO Constructions SA”, has also reacted, claiming that the investor has not received any official notification from the Albanian authorities and that he was informed about this development through the media.
Pacolli states that, if the procedure is confirmed, the matter will go to international arbitration. According to him, the company has made efforts to avoid this scenario through dialogue and institutional solutions. He accuses the institutions, saying that they “behave as if they do not bear any personal responsibility, because they know that they will not pay anything from their own pockets”, while emphasizing that “the bill will be paid by Albanian citizens, businesses and the state itself”. Pacolli claims that illegal actions have been committed and that obstacles to the completion of the project cannot be used later as a reason for terminating the contract.
We recall that the cause of the situation was the disputes between two concession companies, “MACBO”, led by businessman Behgjet Pacolli, and “2A Group”, led by Valon Ademni.
Pacolli’s full reaction
Today, the news was made public that the Ministry of Infrastructure and Energy has initiated the procedure for the termination of the Vlora International Airport Concession Contract. Up to this point, MABCO Constructions SA has not received any official notification from the Contracting Authority. For a strategic investment of this importance, it is unacceptable that the investor is informed by the media and not by state institutions.
If this news turns out to be true, then the Albanian state has decided to pursue the path of international arbitration. MABCO has made every effort to avoid this scenario, seeking dialogue, institutional solutions and implementation of the law. Unfortunately, these efforts have been hindered by negligence, irresponsibility, illegal actions of some officials, by elements that have acted and are acting outside the law, under institutional protection and by the failure of a justice system, influenced to guarantee investor protection.
MABCO is financially exposed to over 320 million euros, not including loss of profit and legal costs. Mabco had already fulfilled almost all contractual obligations in May and was on the verge of certification of the airport when it was prevented from continuing the works.
Even after the Supreme Court’s decision, MABCO was kept off the site for months, in the presence of the State Police. During this period, valuable equipment was damaged and destroyed, while some of it was stolen.
The paradox is clear: on the one hand, the institutions prevented the completion of the project, while on the other hand, they are trying to use this very obstacle as a reason to terminate the contract. This contradicts the decision of the Supreme Court, the Concession Contract, the Bilateral Investment Protection Agreement between Switzerland and Albania, as well as the fundamental principle of law that no one can benefit from their own illegal behavior.
If the procedure is confirmed, MABCO will use all legal remedies and all evidence at its disposal to seek accountability from anyone who has contributed to this situation, including commercial arbitration and international arbitration against the Republic of Albania.
I have never wanted Albanian taxpayers to pay the bill for the negligence, irresponsibility and illegal decisions of some officials. However, they continue to behave with indifference, as if it did not matter if the Vlora International Airport was put into operation months or years late and as if the economic damage did not weigh on the citizens.
The senior representatives of the institutions behaved as if they bear no personal responsibility, because they know that they will not pay anything from their own pockets. The bill will be paid by Albanian citizens, businesses and the state itself. This culture of impunity is seriously damaging the public interest, trust in institutions and the investment climate in Albania.
ARBITRATION is not a threat, it is the reality created as a legal consequence of the illegal actions and inactions of those who had the obligation to work HONESTY, to protect the law, to protect investment and the public interest.
MABCO HAS ALWAYS FUNCTIONED AND CONTINUES TO FUNCTION ONLY IN ACCORDANCE WITH THE LAW, RESPECTING IT, WITHOUT COMPROMISE!