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  • Article

    The Principle Of Freedom Of Establishment In The Context Of Labour Law

    The request for a preliminary ruling was made in criminal proceedings by the Public Prosecutor, Denmark against a Danish limited liability company, VAS Shipping ApS.
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    GDPR Update │CCTV Footage & Retention Periods │ Appeal Case 26/2017

    On the 5th October 2018 the Maltese Court of Appeal (Inferior Competence) decided Appeal No 26/2017 in the names of Maltapost PLC Vs Kummissarju Ghall-Informazzjoni u l-Protezzjoni tadData
    MaltaPrivacy
    Fenech & Fenech Advocates
    Fenech & Fenech Advocates
Article

Interpreting The Subsidiary Nature Of The Judicial Review In Preliminary Proceedings

The judicial review under Article 469A of the Code of Organisation and Civil Procedure, Chapter 12 of the laws of Malta (the "Code"), is a staple judicial remedy that grants natural or legal persons the ability to request the ...
MaltaTax
Ganado Advocates
Ganado Advocates
  • Article

    CJEU Sheds Light On What Constitutes A ‘Court Or Tribunal' Under Article 267 TFEU

    In ‘CityRail a.s. vs. Správa železnic', the Court of Justice of the European Union (the ‘‘CJEU'') held that the Czech Office for Access to Transport (the ‘‘Authority'') is not considered to fall under the classification...
    European UnionFinance and Banking
    Ganado Advocates
    Ganado Advocates
  • Article

    Wrongful Arrest Of Ships

    The arrest of a vessel is a very important and powerful weapon. In Malta it is possible to arrest a vessel for the purposes of achieving two objectives.
    MaltaTransport
    Fenech & Fenech Advocates
    Fenech & Fenech Advocates
  • Article

    The War On Asymmetric Jurisdiction Clauses

    Asymmetric jurisdiction clauses – or so-called ‘lop-sided' jurisdiction clauses – have become market practice in many industries.
    European UnionCorporate/Commercial Law
    Ganado Advocates
    Ganado Advocates
  • Article

    Force Majeure, COVID-19 And Public Contracts

    During the current COVID-19 pandemic, the timely and proper performance of contractual obligations may be challenging.
    MaltaGovernment, Public Sector
    Ganado Advocates
    Ganado Advocates
  • Article

    Posting Of Third Country Nationals To Malta: The Vander der Elst Application In Malta

    In view of this, the DIER makes a decision with respect to the maximum duration of the posting period on a case by case basis.
    MaltaImmigration
    GVZH Advocates
    GVZH Advocates
  • Article

    Establishing The Limits Of Shipowner Standing In In Rem Actions Against Vessels Under Bareboat Charters

    In three nearly identical judgements delivered on 3 October 2024, the Maltese Court of Appeal (the "Court of Appeal"), presided over by Chief Justice Mark Chetcuti, Judge Christian Falzon Scerri and Judge Josette Demicoli, addressed the extent of a shipowner's standing in in rem proceedings against a vessel subject to bareboat charterparty agreement.
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    The Jurisdiction Of The Gozitan Courts

    In its judgement delivered on the 15 July 2021 in the names of Carabott Joan v. Savina Dental Clinic et, the First Hall of the Civil Court, presided over by Mr. Justice Toni Abela, considered the
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    The CP Legislatives Updates Series – August 2025

    There were several important legislative changes which were published over the course of August 2025. Below is an overview of the key updates across different areas.
    MaltaFinance and Banking
    Camilleri Preziosi
    Camilleri Preziosi
  • Article

    Juridical Interest In The Context Of Insurance Claims

    On the 22 June 2022, in the case of ‘A. Pace Balzan v Citadel Insurance p.l.c.', the Court of Appeal in its inferior jurisdiction, presided over by Judge Lawrence Mintoff, delved into the concept...
    MaltaInsurance
    Ganado Advocates
    Ganado Advocates
  • Article

    Setting A Timeframe To Court Action: The Statute Of Limitations – Aka Prescription

    Prescription is closely tied to time and can be acquisitive or extinctive. When prescription is "acquisitive", if no action is taken during the prescriptive period, a person may be entitled...
    MaltaLitigation, Mediation & Arbitration
    WH Partners
    WH Partners
  • Article

    Private Writings And Recent Court Judgements

    Some documents under Maltese law need to be expressed, on pain of nullity, in a public deed or a 'private writing', whilst in other cases it is sufficient if these documents are simply expressed 'in writing'.
    MaltaCorporate/Commercial Law
    Ganado Advocates
    Ganado Advocates
  • Article

    The Concept Of Single Source Of Employment – Widening The Net For Equality Of Pay?

    The concept of Single Source of Employment is intimately linked with the notion of "equal pay for equal work", a notion which is not only enshrined in our Constitution and which guarantees the...
    MaltaEmployment and HR
    GVZH Advocates
    GVZH Advocates
  • Article

    When Does The Principle Of Priority Take Off?

    The decision re-affirms and clarifies some intricacies in the trademark filing system.
    MaltaIntellectual Property
    G M Corporate and Fiduciary Services Limited
    G M Corporate and Fiduciary Services Limited
  • Article

    No Excuses For Substandard Work

    In a recent judgment delivered on the 6 June 2025, the First Hall Civil Court (the "FHCC"), in the case Raymond Azzopardi (the "Claimant") vs Adrian Borg (the "Respondent") presided by Madame Justice...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    The Sinking Of An Oil Tanker, Recognition Of Judgements, Arbitration Proceedings And Insurance Contracts

    On the 20 June 2022, the Court of Justice of the European Union (Grand Chamber) (the "Court") declared that a judgement confirming an arbitral award can only prevent the recognition of a...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    The Interpretation Of 'Pre-Existing Medical Condition' Clauses In Travel Insurance Policies

    On 5 February 2025, the Court of Appeal (in its inferior jurisdiction), delivered its final judgment in the case of ‘D.M. v X Insurance' which related to an appeal filed by X Insurance (the "Insurer").
    MaltaInsurance
    Ganado Advocates
    Ganado Advocates
  • Article

    Is The Payee Information Provided To The Payer Accurate And Meaningful? – A PSP's Obligation Under The PSD

    "A payer's PSP is required to provide that payer with information enabling the payee who benefited from a payment transaction to be identified and not only the information which that PSP...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Showing 121–140 of 219 results

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