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Litigation & Dispute Resolution

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The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation Corporate and M&ALitigation & Dispute Resolution

The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation

This article was written by Dr Richard Camilleri, Dr Annalies Muscat and Dr Laura SpiteriIn Thake et v Kummissjoni Elettoraliet, decided on the 8 October 2018, the Constitutional Court held that when it is alleged that a criminal offence has been committed or the severity of the fine imposed means that the conduct in question is deemed to be of a criminal nature, the matter must be determined solely by a court and not by any other body or judicial organ (see more here). This line of reasoning confirms the decision of the same court in Federation of Estate Agents…
Richard Camilleri
25th October 2018
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Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals Litigation & Dispute Resolution

Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals

​A European Union national (hereinafter referred to as 'the Appellant') previously convicted and incarcerated for trafficking drugs challenged the decision given under the authority of the Director of Citizenship and Expatriate Affairs (hereinafter referred to as 'the Director') which had effectively limited his right to freedom of movement and required his removal from Malta. This decision had been confirmed by the Immigration Appeals Board that considered that the Director had correctly applied the law. The Appellant contested both these decisions through an appeal filed in front of the Court of Appeal (Inferior Jurisdiction) which was decided on the 16th of…
Kirk Brincau
18th October 2018
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Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals Litigation & Dispute Resolution

Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals

​A European Union national (hereinafter referred to as 'the Appellant') previously convicted and incarcerated for trafficking drugs challenged the decision given under the authority of the Director of Citizenship and Expatriate Affairs (hereinafter referred to as 'the Director') which had effectively limited his right to freedom of movement and required his removal from Malta. This decision had been confirmed by the Immigration Appeals Board that considered that the Director had correctly applied the law. The Appellant contested both these decisions through an appeal filed in front of the Court of Appeal (Inferior Jurisdiction) which was decided on the 16th of…
Kirk Brincau
18th October 2018
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Clear Indication that Appearing on Behalf of a Company is Required Legal UpdatesLitigation & Dispute Resolution

Clear Indication that Appearing on Behalf of a Company is Required

The Court of Appeal (Superior) rejected the argument that the defendant intended to appear on behalf of a company (Sovereign Hotels Ltd) through the use of the letters 'c/o' (care of) in the case of Joinwell Ltd v. Ronald Azzopardi, decided on the 5th of October 2018. The Court indicated that it was a well-known fact that the letters 'c/o' were a mere indication of where correspondence should be directed and also observed that, unlike the defendant, the representative of Joinwell Ltd had clearly indicated that he was signing 'for and on behalf of Joinwell Ltd'.The defendant argued that he…
MamoTCV Advocates
9th October 2018
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Clear Indication that Appearing on Behalf of a Company is Required Legal UpdatesLitigation & Dispute Resolution

Clear Indication that Appearing on Behalf of a Company is Required

The Court of Appeal (Superior) rejected the argument that the defendant intended to appear on behalf of a company (Sovereign Hotels Ltd) through the use of the letters 'c/o' (care of) in the case of Joinwell Ltd v. Ronald Azzopardi, decided on the 5th of October 2018. The Court indicated that it was a well-known fact that the letters 'c/o' were a mere indication of where correspondence should be directed and also observed that, unlike the defendant, the representative of Joinwell Ltd had clearly indicated that he was signing 'for and on behalf of Joinwell Ltd'.The defendant argued that he…
MamoTCV Advocates
9th October 2018
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The Uniformity of ‘Energy Labels’ under EU Law Antitrust, Competition and TradeLitigation & Dispute Resolution

The Uniformity of ‘Energy Labels’ under EU Law

 The Court of Justice of the European Union (CJEU) has recently delivered a judgment on a preliminary reference relating to the labelling of energy-consuming products, or 'energy labels'. In case c-632/16 the Commercial Court of Antwerp, in Belgium, was faced with the following problem.  The Facts :-Dyson, the applicant, is a Belgian company that markets vacuum cleaners that are not fitted with a dust bag. BSH, the respondent, is a Dutch company that markets conventional vacuum cleaners, under the trade marks Siemens and Bosch, that are fitted with a dust bag. According to Delegated Regulation No 665/2013 all market vacuum…
Mark Soler
3rd September 2018