Opposing trade mark registrations in the realm of financial institutions
The Court of Appeal (Inferior Jurisdiction) (the “Court”) presided by Mr Justice Lawrence Mintoff on the 22 March 2023,
Proposals for an improved European Banking Union framework – Part I
Following the global financial crisis of 2008 – 2009, the European Union embarked on a journey towards achieving a Banking Union for Eurozone countries, where harmonisation and integration across euro area banking systems are the key objectives. Much has been achieved in building this Banking Union, however, more work is underway.
Major and emerging ML/FT risks identified by the EBA in its report on payment institutions
The scale and nature of the money laundering and terrorism financing (“ML/TF”) risk associated with the payment institutions (“PI”) sector and the extent to which PIs’ anti-money laundering and combatting of financing of terrorism (“AML/CFT”) systems
Council and Parliament reach provisional political agreement on financial services contracts concluded at a distance, including insurance contracts
On the 6th June 2023, a provisional trilogue agreement was reached between the European Parliament (EP) and the Council on the revised rules concerning the Directive 2002/65/EC on Distance Marketing of Consumer Financial Services (the DMFSD), which also applies to insurance contracts concluded at a distance.
CJEU rules on cost bearing and judicial damages estimations in Antitrust Damages Actions
On 16 February 2023, the Court of Justice of the European Union (the “CJEU”) delivered a ruling in the case of Tráficos Manuel Ferrer SL, D. Ignacio v Daimler AG (Case C-312/21) wherein it held that:
CJEU analyses Austrian law granting compensation to employees who were ordered to isolate
Summary On 15 June 2023, the Court of Justice of the European Union (“CJEU”), in delivering a ruling in the case of Thermalhotel Fontana Hotelbetriebsgesellschaft mbH (“Thermalhotel”),
Borrowers’ right to compensation from banks for unfair loan terms confirmed by the CJEU
In its preliminary ruling delivered on 15 June 2023 in the case of Arkadiusz Szcześniak (“A.S.”) v. Bank M. SA (the “Bank”) (C-520/21), the Court of Justice of the European Union (the “CJEU”) concluded that consumers can demand compensation from banks beyond the reimbursement of monthly instalments paid by them, where the loan agreement with …
Anti-money laundering in Malta
Ganado Advocates has contributed the Malta chapter in the 2023 edition of the International Comparative Legal Guide (ICLG) to anti-money laundering (AML).
Administrative penalties: the right to a fair hearing
The case Insignia Cards Limited (the “Plaintiff”) vs. il- Korp ghall-Analizi ta’ Informazzjoni Finanzjarja u L-Avukat Tal-Istat (the “Defendant”, the “FIAU”) was brought before the Constitutional Court (the “Court”) on the 24 May 2023,
AML internal audits: A need or a must?
Just over €4,150,000,000. This is the total amount of penalties imposed on financial institutions globally for their lack of compliance with anti-money laundering obligations in 2022.