The Court of Appeal opines on contingent liabilities in the context of Guarantees of Peaceful Possession
Introduction In ‘Ruth Magro v. Ir-Registratur tal-Kumpanniji’ decided by the Court of Appeal on the 25th of February 2025, the Court of Appeal held that the guarantee of peaceful possession granted by the seller to the buyer in the context of a real estate transaction does not amount to a contingent liability, where such guarantee is …
Extending fiduciary duties: the Court’s recognition of employees’ fiduciary duties in Associated Supplies Limited vs Joseph Mizzi
On March 11, 2025, the Maltese Court of Appeal delivered a landmark judgement in Associated Supplies Limited vs. Joseph Mizzi, clarifying the scope of fiduciary duties under Maltese law. The court emphasised that such obligations extend beyond directors and trustees to include employees in key managerial positions or high-responsibility roles. The Court held that such duties …
Malta Transposes NIS 2 Directive into National Law through LN 71 of 2025
The NIS 2 Directive, the European Union’s latest legislative instrument aimed at enhancing cybersecurity resilience across the bloc, has officially been transposed into Maltese law. This was done through Legal Notice 71 of 2025, published on 8 April 2025.
The introduction of a security interest in finance lease transactions
Malta’s maritime industry is largely governed by the Merchant Shipping Act of 1973, Chapter 234 of the Laws of Malta (the “Merchant Shipping Act”), a legislative cornerstone regulating among others, vessel registration, security interests such as mortgages, safety standards, seafarers’ rights and shipowner obligations. Over the years, the Merchant Shipping Act has evolved to keep …
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CJEU clarifies when payment period can exceed 60 days under Late Payments Directive
Summary The Court of Justice of the European Union (“CJEU”) delivered a ruling on 6 February 2025 in the case of Przedsiębiorstwo Produkcyjno – Handlowo – Usługowe A. vs. P. S.A., (Case C-677/22) whereby it interpreted the applicability of Article 3(5) of Directive 2011/7/EU on combating late payments in commercial transactions (recast) (the “Late Payments …
The requisites for the issuance of a precautionary warrant of prohibitory injunction
On 4th March 2025, the Civil Court (Commercial Section), presided by Madame Justice Audrey Demicoli, in the case “Advocate Joseph Mizzi as Special Attorney of Iurii Degtiar and Mykhailo Tretiak vs MB Shipping Limited (C 40945) and Tetiana Tyspkunova in her capacity as director of MB Shipping Limited, revoked the issuance of a warrant of …
MFSA publishes template for reporting share buy-backs
In terms of the EU Market Abuse Regulation (MAR), issuers may acquire their own shares without any concern of engaging in insider dealing and/or market manipulation, provided that they follow the requirements set out in article 5. One of these requirements is for issuers to report their share buy backs to the relevant competent authority …
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Insider lists
MFSA FINDINGS ON INSIDER LIST COMPLIANCE In a recent Dear CEO Letter (the Letter), the Malta Financial Services Authority (MFSA) provided the market with a summary of its findings from a data-gathering exercise carried out with 28 Maltese issuers in respect of their obligation to keep insider lists (LOI) in terms of article 18 of the EU …
Unpaid wages and maritime claims: a captain’s legal battle before the Maltese Courts
In a judgment delivered on 14 February 2025 by the First Hall, Civil Court (the “Court”) in the case of Captain Tara Merlin Ehrlich vs MV Force India, the Court examined the interplay between maritime employment rights and the legal framework for enforcing such claims under Maltese law. The crux of the dispute related to allegations …
EU Court to rule on Commission v Malta (Case-181/23 – Citizenship by Investment) by April 29, 2025
(Case-181/23 – Citizenship by Investment) The Court of Justice of the European Union (CJEU) has announced the date for its much-anticipated ruling in the EU Commission’s infringement proceedings against Malta’s Citizenship by Investment framework: April 29, 2025. This follows the favourable Advocate General’s Opinion issued on October 4, 2024.