ArticleTime Spent Travelling Is Working TimeThe European Court of Justice has recently ruled that time spent by tradesmen travelling between their home and their clients, has to be regarded as working time.MaltaEmployment and HRGVZH Advocates
ArticleCan Creditors Request A Change In Liquidator? Understanding Your Rights During LiquidationUnder Maltese company law, creditors holding at least one-fourth of a company's debt value have the statutory right to request a meeting to potentially replace the Official Receiver as liquidator. This mechanism provides creditors with meaningful influence over the liquidation process, particularly when specialized expertise or a different approach to asset recovery is needed. MaltaInsolvency/Bankruptcy/Re-StructuringMamo TCV Advocates
ArticleCourt Considers Public Policy And Public Security Restrictions To Right Of Freedom Of Movement Of EU NationalsA European Union national previously convicted and incarcerated for trafficking drugs challenged the decision given under the authority of the Director of Citizenship and Expatriate Affairs which had effectively limited his right to freedom of movement ...MaltaLitigation, Mediation & ArbitrationMamo TCV Advocates
ArticleGoogle In Court Dispute Over ‘Anticompetitive' Search AbuseGoogle has been sued by Streetmap, which is a UK-based internet mapping company, over alleged conduct that led to ‘dramatic loss of traffic'.European UnionAntitrust/Competition LawGVZH Advocates
ArticleBelgium Takes Facebook To Court Over Privacy Breach, France Gives Ultimatum To GoogleBelgium's Privacy Protection Commission (CPP) accused Facebook of tracking the browsing habits of users and non-users, particularly through the use of plug-ins and cookies.European UnionPrivacyCSB Group
ArticleCourt Of Appeal Rules On Penalty And Non-compete ClauseIn its judgement dated 26 May 2021, Antonio Camilleri, in the name and representation of Antonio's Barber Shop vs Salvatore Sicurella, the Court of Appeal, presided over by the Honorary Lawrence Mintoff...MaltaEmployment and HRGanado Advocates
ArticleEmployment Of Persons With Disability: Employers' Complaints On New PenaltiesThe recent Act No. XXII of 2015 which amended the already established "Persons with Disability (Employment) Act" (the Act), has enforced the 2% quota rule. MaltaEmployment and HRGVZH Advocates
ArticlePerformance Bonus Paid Out More Than 5 Years LaterThe Court of Appeal in its Inferior Jurisdiction overturned a decision taken by the Court of Magistrates and ordered the payment of a performance bonus owed by the Transport Authority in MaltaMaltaEmployment and HRGVZH Advocates
ArticlePosted Workers’ Rights And Working ConditionsAccording to the EU Legislation, a posted worker is a person who, on behalf of the employer, is sent for a limited period of time to carry out his/her work in the territory of an EU Member State other than the State in which s/he normally works.MaltaEmployment and HRGVZH Advocates
ArticleConflicting Judgments In Relation To The Notion Of ‘The Insurer Concerned'Is an insurer entitled to avoid paying third party victims of an accident in cases where the said insurer obtains a declaration from a Court that the policy which was issued in favour of the policy-holder is null and void.MaltaInsuranceMamo TCV Advocates
ArticleCan Internet Use Be Banned?The Court of Magistrates has recently banned a man from using and accessing social media for a period of four years.MaltaMedia, Telecoms, IT, EntertainmentGVZH Advocates
ArticleThe Right To Be Forgotten: Not Everywhere!This case concerns a complaint brought by Google against the National Commission for Informatics and Liberties.MaltaPrivacyWH Partners
ArticleHas The ECHR Indirectly Imposed Changes In Our Rent Laws?A landmark judgement was delivered last month by the European Court of Human Rights, a judgement which is bound to change the interpretation of our municipal rent laws. MaltaReal Estate and ConstructionFenech & Fenech Advocates
ArticleMalta Brings Updated Tax Treaty Protocol With San Marino Into ForceMalta has formally brought into force amendments to its double taxation agreement with the Republic of San Marino, marking another step in the country’s ongoing efforts to strengthen international tax cooperation...MaltaTaxPapilio Services Limited
ArticleCourt Approved Private SalesIn 2006, our Code of Organisation and Civil Procedure underwent a radical shake up when it came to laws governing the jurisdiction of our courts in rem, arrest of ships and enforcement mechanisms.MaltaTransportFenech & Fenech Advocates
ArticleAmendments To The Code Of Organisation And Civil ProcedureCertain provisions of the Code of Organisation and Civil Procedure, Chapter 12 of the laws of Malta ("COCP") have recently been amended by means of Act XXXII of 2021 (the "Act"). MaltaLitigation, Mediation & ArbitrationFenech Farrugia Fiott Legal (FFL)
ArticleProposed Amendment To Legislation - Setting Up The Industrial TribunalThe Maltese Government has recently requested the Attorney General to consult the social partners within the Malta Council for Economic and Social Development...MaltaLitigation, Mediation & ArbitrationGVZH Advocates
ArticleManoeuvring Employment DisputesEmployment Law in Malta is mainly governed by the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta) (the ‘EIRA'), which ensures fair treatment of workers...MaltaEmployment and HRFinance Malta
ArticleProcedural Considerations In Fraudulent Trading Actions And Winding-up ProceedingsLimited liability companies in the business are separate persons from their shareholders and directors. This is regarded as one of the fundamental cornerstones of modern international commerce. MaltaLitigation, Mediation & ArbitrationGanado Advocates
ArticleJustice Reform In The Commercial Law SphereI write with reference to the recent interview given by the Hon. Minister for Justice Owen Bonnici carried on The Business Observer on the 14 January, 2016 in relation to the Ministry's initiatives to speed up commercial cases.MaltaCorporate/Commercial LawGanado Advocates