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  • Article

    The General Court Sheds Light On The Notion Of ‘Detriment To A Trademark's Reputation'

    Article 8(5) of Regulation (EU) 2017/1001 on the European Union Trademark (the "EU Trademark Regulation") provides that claims based on a trademark with a reputation can in principle...
    European UnionIntellectual Property
    Ganado Advocates
    Ganado Advocates
  • Article

    Mere Diversion Of Flight To Nearby Airport Does Not Entitle Passengers To Lump-sum Compensation

    On 22 April 2021, the European Court of Justice (the "Court") delivered its latest judgment in a series of European judgments relating to air passenger rights in the names of WZ v Austrian Airlines AG (C-826/19).
    European UnionTransport
    Ganado Advocates
    Ganado Advocates
  • Article

    The Court Of Appeal Opines On Contingent Liabilities In The Context Of Guarantees Of Peaceful Possession

    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...
    MaltaCorporate/Commercial Law
    Ganado Advocates
    Ganado Advocates
  • Article

    At What Point Does Trying To Keep The Company Going Become Fraudulent Trading?

    The case Catherine Buhagiar u Frank Buhagiar (the "Plaintiffs") vs. Claudio Caruana u Josephine Caruana għal kull interess li jista' jkollha (the "Defendants") was brought before the Court of Appeal...
    MaltaCriminal Law
    Ganado Advocates
    Ganado Advocates
  • Article

    The Process Of Divorce In Malta

    Divorce legislation has been promulgated in the Maltese Civil Code by virtue of Act XIV of 2011, with subsequent amendments introduced through Act XXV 2021.
    MaltaFamily and Matrimonial
    Fenech & Fenech Advocates
    Fenech & Fenech Advocates
  • Article

    Fireworks, Fires And Farmland: Band Club Ordered To Pay €22,865

    On the 7 July 2026, the First Hall Civil Court (the Court) presided over by Mr Justice Henri Mizzi delivered judgment in the names Joseph Caruana, Carmel Sciortino and Alexander Sciortino (the “Plaintiffs“) vs Kazin San Guzepp & Banda De Rohan A.D 1860 (the Respondent Club). T
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Giljottina Proceedings In Maltese Civil Procedure: When Judgment Without Trial Is Permitted

    Maltese civil procedural law enables summary proceedings which allow for the swift judgment of applications filed before the Courts of Malta.
    MaltaLitigation, Mediation & Arbitration
    GTG Legal
    GTG Legal
  • Article

    Separation Under Maltese Law – Part 3: Contentious Personal Separation Proceedings

    This article is part of a series of articles discussing the various aspects of separation proceedings under Maltese law. This third and final article, outlines the process of Separation...
    MaltaLitigation, Mediation & Arbitration
    Fenech & Fenech Advocates
    Fenech & Fenech Advocates
  • Article

    The CJEU Clarifies Key Issues On The Adoption Of Enforcement Measures In Respect Of Sanctioned Entities

    On the 11 November 2021, the Court of Justice of the European Union ("CJEU"), in delivering a ruling in the case of Bank Sepah v. Overseas Financial Limited & Oaktree Finance Limited,...
    European UnionFinance and Banking
    Ganado Advocates
    Ganado Advocates
  • Article

    The Supply Of A Computer Software License Falls Under Sale Of Goods, CJEU Rules

    In a preliminary ruling delivered on 16 September 2021, the Court of Justice of the European Union (the "CJEU") in ‘The Software Incubator Ltd vs. Computer Associates (UK)...
    European UnionLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Case Study: Immigration Appeal

    An appeal on a rejection decision given by the Immigration Appeals Board towards our client, a Nepalese national.
    MaltaImmigration
    Sciberras Advocates
    Sciberras Advocates
  • Article

    Boots, Buckles And Trends: The CJEU Clarifies EU Design Protection In Deity Shoes

    On 18 December 2025, the Court of Justice of the European Union ("CJEU") delivered its judgment in Case C323/24, Deity Shoes v Mundorama Confort and Stay Design, addressing a fundamental...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Tax Litigation Series: Challenging Executive Titles Held By The Commissioner For Revenue

    The Income Tax Management Act, Chapter 372 of the Laws of Malta (‘ITMA') grants extensive powers to the Commissioner for Revenue (‘CfR') especially in the context of income tax collection.
    MaltaTax
    Fenech & Fenech Advocates
    Fenech & Fenech Advocates
  • Article

    Not Every Mere Infringement Of The GDPR May Result In Compensation

    2023 marks 5 years since the adoption of the General Data Protection Regulation (‘‘GDPR''), and whilst the relevant stakeholders have become largely accustomed to it, questions...
    MaltaPrivacy
    Ganado Advocates
    Ganado Advocates
  • Article

    CJEU Rules Member States Can Restrict Cross-Border Online Gambling And Allow Consumer Refund Claims

    On 16 April 2026, the Court of Justice of the European Union (“CJEU” or the “Court”) issued its judgment in Case C-440/23, European Lotto and Betting and Deutsche Lotto und Sportwetten...
    GlobalMedia, Telecoms, IT, Entertainment
    Fenech Farrugia Fiott Legal (FFL)
    Fenech Farrugia Fiott Legal (FFL)
  • Article

    Navigating Medico-Legal Challenges: Understanding Obligations And Liability In Medical Cases

    In a recent judgment delivered by the Maltese courts, a woman was awarded c. €120,000 in damages after it was determined that there were various shortcomings...
    MaltaFood, Drugs, Healthcare, Life Sciences
    GTG Legal
    GTG Legal
  • Article

    EU Court Declares Malta's Investor Citizenship Scheme Illegal

    On April 29, 2025, the Court of Justice of the European Union (CJEU) delivered a landmark judgment in Commission v Malta (Case C-181/23), ruling that Malta's investor citizenship scheme...
    MaltaGovernment, Public Sector
    AGPLAW | A.G. Paphitis & Co. LLC
    AGPLAW | A.G. Paphitis & Co. LLC
  • Article

    The Rise And Fall Of The Pre-Contractual Remedy In Public Procurement

    The European Union quite early on, as early as 1989, made its first rudimentary attempts to harmonise rules on public procurement across the internal market for two principal reasons:
    MaltaGovernment, Public Sector
    Ganado Advocates
    Ganado Advocates
  • Article

    Presta Nome Mandate

    In its judgement on the 27 April 2021, delivered in the names of Peter Camilleri (the "Plaintiff") vs Lee David Camilleri u Nicholas Camilleri (the "Defendants"), the Court of Magistrates (Gozo – Superior Jurisdiction) (the ‘Court').
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    The Internet And The Changing Face Of Libel Law – Malta Begins To Adapt

    With internet connectivity growing exponentially in the past decade, large chunks of the population now have access to online tools such as blogs, online news portals and social media pages.
    MaltaMedia, Telecoms, IT, Entertainment
    Fenech & Fenech Advocates
    Fenech & Fenech Advocates
  • Showing 141–160 of 219 results

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