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Pacolli: Albanians will pay in arbitration for the fault of officials

Lapsi.al 2026-08-05 22:10:10

Pacolli: Albanians will pay in arbitration for the fault of officials

Kosovo businessman Behgjet Pacolli has reacted again to the decision of the Ministry of Infrastructure and Energy to cancel the Vlora airport concession contract. He warns that he will send the case to Arbitration and that citizens will pay for it.

REACTION  

Today, MABCO Constructions SA also received the official letter from the Ministry of Infrastructure and Energy, which initiated the procedure for the termination of the Vlora International Airport Concession Contract. Essentially, this action aims to remove the rights of the investor deriving from the largest public-private partnership contract ever implemented in Albania.

Unfortunately, this is no longer a surprise. Many people had understood since August 2025 the direction this issue was taking. I, however, guided by faith, hope and respect for Albania, refused to believe that state institutions would allow the degradation of the rule of law to this point. For more than a year, we chose dialogue and the institutional path, making every effort to avoid an international conflict.

During this time, we faced events that should never have happened in a legal state: attempted alienation of investor quotas, contradictory judicial measures, the illegal exclusion of MABCO from managing the investment, and, finally, the physical blocking of access to the construction site by groups operating outside the law, while state institutions not only failed to intervene to restore legality, but in practice tolerated the continuation of this situation.

At the very time when the project had entered its final phase and was just before certification, the investor was prevented from fulfilling its contractual obligations. Today, paradoxically, the consequences of the obstacles that were created or tolerated by the state institutions themselves are being used as an argument against MABCO.

This action contradicts the decision of the Supreme Court, the Concession Contract, the Bilateral Agreement between the Swiss Confederation and the Republic of Albania for the Protection of Investments, as well as one of the most fundamental principles of law: no one can create the obstacle themselves and then legally benefit from it.

The Ministry's letter, unfortunately, also contains claims that do not match the facts, the documentation, and the reality of the project. It is based on conclusions that, in our opinion, have no factual or legal basis.

I would like to recall another fact of fundamental importance. Since August 2025, we have officially and repeatedly requested that the Ministry of Infrastructure and Energy authorize an independent international technical and financial audit for every euro invested in Vlora International Airport, regardless of who invested it. This request has been repeatedly rejected or ignored.

Likewise, criminal reports filed by MABCO for suspected illegal actions have NEVER been processed by the competent authorities. This situation has seriously undermined security, legal certainty and trust in the functioning of the rule of law.

The way in which the Albanian investigative bodies have acted and, above all, have failed to act, in light of what has happened in similar cases, raises serious concerns that the processes may be inappropriately influenced. 

Such a situation jeopardizes not only legal certainty, but also my personal integrity, image and reputation, that of my family and the company that I have built with dedication and honest work over decades.

Mabco does not seek preferential treatment, it only seeks justice, enforcement of the law, enforcement of the contract and of Albanian court decisions. 

No investor can be held liable for consequences created by obstacles beyond his control.

This case does not only affect Mabco, it constitutes an important test for the investment climate in Albania and for the reliability of the guarantees that the Albanian state provides to foreign investors.

I have never wanted Albanian taxpayers to pay the consequences of the actions or inactions of certain officials. However, in the circumstances, MABCO no longer has any alternative but to protect its rights with all legal remedies provided for by contracts and international law.

In the arbitration that is becoming inevitable, MABCO will present all the facts, evidence and documentation at its disposal. I have no doubt that this process will bring the truth to light.

This is not a conflict that MABCO sought.

It is a direct consequence of the actions and inactions of those institutions that had the legal obligation to protect the rule of law, contract, and investment.

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