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  • Article

    The GCEU Comments On The Enduring Nature Of A Trademark's Reputation

    On the 24th of April 2024, the General Court of the European Union (the "GCEU" or the "Court"), ruled in the case of Kneipp GmbH vs European Union Intellectual Property Office ("EUIPO") (Case T-157/23)...
    European UnionIntellectual Property
    Ganado Advocates
    Ganado Advocates
  • Article

    Impulsive Online Reviews, Can Come At A (legal) Cost

    In the judgement in the names of ‘Euro Resort Investments Limited (the "Plaintiff Company") vs. Madeleine Bonnici' (the "Defendant") decided on the 30th July 2021,...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
Article

Latent Defects In Movable Property: The Actio Redhibitoria And Its Time Bar

A Maltese court examines the strict requirements and time limits governing claims for latent defects in movable property sales, clarifying when buyers can seek rescission and restitution of purchase price under the actio redhibitoria remedy.
MaltaLitigation, Mediation & Arbitration
Ganado Advocates
Ganado Advocates
  • Article

    Request For The Revocation Of A Precautionary Act

    In the case Turnkey Limited (C 55175) (the "Plaintiff") vs. Francesco Ruggieri (the "Defendant"), the First Hall Civil Court (the "Court"), presided over by Honourable Judge Audrey Demicoli...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Secured Creditor's Omissions During Bankruptcy Proceedings Did Not Prejudice Other Creditors

    The case of AMG Cold Stores Limited et vs Bank of Valletta P.L.C et was decided by the Court of Appeal in its Superior Jurisdiction on 25 October 2023.
    MaltaLitigation, Mediation & Arbitration
    Finance Malta
    Finance Malta
  • Article

    The Murky Waters Of Software Patents

    Software patents have been the subject of much debate – not only in the US, but also in Europe. This has been a thorny issue for many years and the future of software patents still remains unknown.
    European UnionIntellectual Property
    GVZH Advocates
    GVZH Advocates
  • Article

    Malta Business Registry Penalties Must Be Clear Enough And Satisfy The Requisites Set Out In Law

    In Marco Aquilina u Euro Concrete Blocks Limited (C 16202) v. Ir-Reġistratur tal-Kumpaniji, decided by Mr Chief Justice Mark Chetcuti, Mr Justice Robert G. Mangion and Mr Justice Grazio Mercieca (Court of Appeal) on 3 September 2024.
    MaltaCorporate/Commercial Law
    Ganado Advocates
    Ganado Advocates
  • Article

    Penalty Clauses And Limitation Of Liability | Clauses In A Contract – Can They Be Enforced?

    Contracts are the backbone of commercial and personal transactions and the means through which expectations of the parties to the contract are assigned and crystallised in writing.
    MaltaCorporate/Commercial Law
    GVZH Advocates
    GVZH Advocates
  • Article

    Case Study – Refusal Decision Appealed

    An appeal against the Health Care Professions Appeals Committee's rejection decision, concerning our client, an Iranian national.
    MaltaEmployment and HR
    Sciberras Advocates
    Sciberras Advocates
  • Article

    Separation Under Maltese Law – Part 2: The Separation Agreement

    Exploring Maltese separation proceedings. Associate Maria Camilleri delves into the intricacies of separation agreements in the second instalment of her informative series.
    MaltaFamily and Matrimonial
    Fenech & Fenech Advocates
    Fenech & Fenech Advocates
  • Article

    Market Abuse: Zip Your Lip!

    In March 2022, the European Court of Justice (ECJ) gave a preliminary ruling1 in yet another case about the unlawful disclosure of inside information...
    MaltaFinance and Banking
    Finance Malta
    Finance Malta
  • Article

    When Does A Data Subject Access Request Become Excessive?

    The right of access has long occupied a central position within the General Data Protection Regulation (GDPR). Enshrined in Article 15, it enables individuals to obtain confirmation as to whether their personal data...
    MaltaPrivacy
    Ganado Advocates
    Ganado Advocates
  • Article

    Property Law Actions – Enforcing Property Ownership Rights [Part 1/2]

    This is the first part of a 2-part series on property law actions emanating from civil law in respect to the notions of ownership and possession. Ownership and possession are two distinct notions...
    MaltaReal Estate and Construction
    GTG Legal
    GTG Legal
  • Article

    Burden Of Proof And The International Carriage Of Goods: Insurer Succeeds In Cargo Theft Claim

    On 20 May 2025, the First Hall of the Civil Court (the "Court"), delivered its judgement in the case Elmo Insurance Limited vs Jet Freight Limited and Clayton Abela Logistics Limited, touching upon the burden of proof of carriers under the International Carriage of Goods by Road Act (Chapter 486 of the Laws of Malta, the "CMR").
    MaltaTransport
    Ganado Advocates
    Ganado Advocates
  • Article

    Court Auction Of Sea Vessels: Notice To Creditors

    The Court of Appeal, in its Superior Jurisdiction, composed of Chief Justice Mark Chetcuti, Mr Justice Christian Falzon Scerri and Madam Justice Josette Demicoli...
    MaltaTransport
    Ganado Advocates
    Ganado Advocates
  • Article

    Public Road Or Private Parking? The Act Of Spoliation

    In its judgement delivered on the 20 May 2021, in the names of Wurth Limited vs Kevin Agius, the First Hall Civil Court (the "Court") presided over by Madame Justice Dr Joanne Vella Cuschieri.
    MaltaTransport
    Ganado Advocates
    Ganado Advocates
  • Article

    Market Abuse: Zip Your Lip!

    In March 2022, the European Court of Justice (ECJ) gave a preliminary ruling[1] in yet another case about the unlawful disclosure of inside information – this time by a journalist (Mr A)...
    MaltaFinance and Banking
    Ganado Advocates
    Ganado Advocates
  • Article

    Judgment By The Criminal Court On The Purpose Of Freezing Orders

    In a judgment delivered by the Criminal Court (per Madam Justice Consuelo Scerri Herrera) on 23 September, 2021 in the names Ir-Repubblika ta' Malta vs X and Y...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    The ‘actio Surrogatoria’ In Maltese Law: Rights, Remedies And Procedural Requirements

    The actio surrogatoria, codified in Article 1143 of Malta's Civil Code, allows creditors to exercise rights belonging to their debtors when those debtors fail to act. A recent Court of Magistrates judgment examines the essential elements required for this action, including whether the principal debtor must be joined as a party to proceedings, and establishes six key requirements that creditors must satisfy to successfully pursue claims on behalf of their debtors.
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Damages: Fishing Vessel Gutted By Fire

    The First Hall, Civil Court, presided by Mr Justice Francesco Depasquale, on the 6 June 2023, in the case "Emanuel Sant (Mary Sant succeeded the acts in this case on the death of her husband)...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Showing 241–260 of 344 results

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