Behgjet Pacolli has responded to reports that the Ministry of Infrastructure and Energy has begun procedures to terminate the concession contract for Vlora International Airport.
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The businessman warned that if the decision is confirmed, the case will be taken to international arbitration.
Pacolli said that MABCO Constructions SA has so far received no official communication from the Albanian authorities and learned of the development through media reports.
According to him, for a strategic investment of this scale, it is unacceptable for the investing company to be notified by the media rather than by state institutions.
He said MABCO’s financial exposure has exceeded €320 million. Pacolli also claimed that the company had fulfilled almost all the obligations arising from the contract as early as May and was close to obtaining certification for the airport when it was prevented from continuing the work.
According to the businessman, the delays and financial damage were caused by institutional obstacles, negligence and unlawful actions by the Albanian state. He described the situation as paradoxical, arguing that the institutions first blocked the completion of the project and are now attempting to use that obstacle as grounds for terminating the contract.
Pacolli announced that if the procedure to terminate the contract is formalised, MABCO will pursue all available legal avenues. These include commercial arbitration and international arbitration against the Republic of Albania.
According to him, arbitration should not be viewed as a threat, but as the legal consequence of a situation created by the unlawful actions and omissions of those responsible for upholding the law and protecting the investment and the public interest. Pacolli added that any financial costs arising from such proceedings would be paid by Albanian taxpayers, businesses and the state.
Full statement:
Vlora International Airport
Earlier today, news emerged that the Ministry of Infrastructure and Energy had begun the procedure to terminate the Vlora International Airport Concession Contract. To date, the Contracting Authority has not sent MABCO Constructions SA any official notification. For a strategic project of this importance, it is unacceptable for the investor to receive information from the media rather than directly from state institutions.
If the report is confirmed as true, this will mean that the Albanian state has chosen the path leading to international arbitration.
MABCO has made every effort to avoid this scenario by seeking dialogue, solutions through the institutions and respect for the law. However, these efforts have been blocked by the negligence, irresponsibility and unlawful actions of certain officials; by individuals who have acted and continue to act outside the legal framework under institutional protection; as well as by the failure of an influenced justice system to guarantee the investor’s protection.
MABCO’s financial exposure exceeds €320 million, excluding lost profits and legal expenses. As early as May, the company had fulfilled almost all its contractual obligations and was on the verge of obtaining certification for the airport, but it was prevented from continuing the work.
Despite the Supreme Court’s ruling, MABCO was kept out of the construction site for several months while the State Police remained present there. During this period, valuable equipment was damaged and destroyed, while some of it was stolen.
This is where the paradox lies: on the one hand, the institutions prevented the project from being completed, while they now intend to present that same obstacle as grounds for terminating the contract. Such an action is contrary to the Supreme Court’s ruling, the Concession Contract and the Bilateral Investment Protection Agreement between Switzerland and Albania. It also runs counter to the basic legal principle that no one may benefit from their own unlawful conduct.
If the procedure is confirmed, MABCO will use every legal remedy and all the evidence in its possession to hold accountable everyone who contributed to creating this situation. This includes commercial arbitration as well as international arbitration against the Republic of Albania.
At no point have I wanted Albanian taxpayers to bear the costs of the negligence, irresponsibility and unlawful decisions of certain officials. Despite this, they continue to show indifference, as though it did not matter whether Vlora International Airport began operating several months or several years late, and as though the economic consequences would not fall on the public.
Senior institutional officials act as though they bear no individual responsibility because they know they will not pay anything out of their own pockets. The costs will be borne by Albanian citizens, businesses and the state itself. This culture of impunity is seriously harming the public interest, trust in institutions and Albania’s investment climate.
Arbitration does not constitute a threat. It is the reality created as the legal consequence of the unlawful actions and omissions of those whose duty it was to work honestly, respect the law and protect the investment and the public interest.
MABCO has always acted, and continues to act, solely in accordance with the law, respecting it without compromise.
