Directive 93/13/EEC and mandatory statutory or regulatory provisions in consumer contracts
Summary On 6 July 2023, the Court of Justice of the European Union (“CJEU”), in delivering a ruling in the case of FS, WU vs. First Bank SA (Case C-593/22), considered the applicability of article 1(2) and the thirteenth recital of Directive 93/13/EEC on unfair terms in consumer contracts (“Directive 93/13”).
MFSA publishes New Chapter 3 of the VFA Rulebook ahead of MiCA
The Malta Financial Services Authority (MFSA) has just published a circular outlining that the new version of Chapter 3 of the VFA Rulebook shall become applicable in two stages.
Agreement reached on the establishment of the Anti-Money Laundering Authority (“AMLA”)
On 13th December 2023, the European Council and European Parliament have provisionally reached an agreement to establish the Anti-Money Laundering Authority (“AMLA” or “the Authority”).
Navigating Digital Waters: ICT Risk Management Under DORA
Introduction In an era dominated by digital advancements, the Digital Operational Resilience Act (DORA) stands as a pivotal framework designed to fortify the digital landscape within the European Union (EU).
MFSA launches Consultation Process covering Chapter 2 of the VFA Rulebook
The Malta Financial Services Authority (“MFSA”) has kept the momentum going ahead of the implementation of the Markets in Crypto-Asses Regulation (“MiCA”). We expect MiCA to have a significant impact on the EU/ EEA market in relation to crypto-assets.
The Consumer Credit Directive Revamped
Introduction Personal loans and overdrafts, credit cards and short-term credit products are amongst the commonest consumer lending products offered by banks and financial institutions to satisfy a variety of consumer needs.
European Council and European Parliament agrees to criminalise violation of EU sanctions
On 12th December 2023, the European Council and European Parliament have come to a provisional political agreement on the introduction of criminal offences and penalties for the violation of EU sanctions.
Consumer Protection: Unfair terms in consumer contracts
In a request for a preliminary ruling requested by District Court of Warsaw, Poland to the European Court of Justice (“ECJ”), three Polish citizens brought an action against Provident Polska relating to agreements entered into between them and Provident Polska.
Possession versus Tolerance: The salient element of the Actio Spolii
In its judgement delivered on the 14 December 2023, in the names of Oreste Attard and Patricia Attard (collectively the “Plaintiffs”) vs Russell Attard and Alistair Attard (collectively the “Defendants”),
FIAU Thematic Review on Company Service Providers when providing Company Formation Services
On 14th December 2023, the Financial Intelligence Analysis Unit (“FIAU”) published the results of a thematic review carried out during the first quarter of 2023 on Corporate Service Providers (“CSPs”) adherence to Regulation 7(1)(c) of the Prevention of Money Laundering and Funding of Terrorism Regulations (‘PMLFTR’) following the issuing of the IPs Part II for …