Insights

Bridging the Gender Pay Gap…New EU Rules for Pay Transparency

Corporate and M&A

Landmark Judgment – Property Devolving on the Government After a Company is Rendered Defunct Breaches Human Rights

The unconstitutional nature of property devolving on the Government of Malta following the procedure to render a company defunct Introduction On 12 October 2023, the First Hall of the Civil Court in its Constitutional Jurisdiction delivered a landmark ruling in the case Carmel Cortis et vs. Office of the Prime Minister et. Essentially, the Court held that the procedure whereby property devolves upon the Government, as part of the provisions set out in the Companies Act to render a company defunct1, is unconstitutional, draconian and disproportionate because it breaches the fundamental right to property enshrined in the Constitution and in…

Matthew Muscat19th October 2023

Employment and Industrial Relations

Court of Appeal Upholds Dismissal Decision and Affirms Jurisdiction Limits

In case 161/2022/LM, delivered on 11th October 2023, the Court of Appeal upheld the decision of the Industrial Tribunal, which found justifiable reasons for dismissal. Following the Tribunal's conclusion that the grounds for dismissal presented by the defendant company were justified, and consequently, the dismissal was fair, the former employee contested this decision in front of the Court of Appeal. The ex-employee requested the Court to overturn the Tribunal's decision, arguing that the Tribunal had not correctly assessed the evidence. In response, the company contended that the appeal was frivolous and vexatious as no point of law had been raised.…

Kristen Camilleri16th October 2023

Corporate and M&A

Sanctions 3: Duties of Subject Persons in Relation to International Sanctions

Following from the recent geopolitical developments in Ukraine, there has been a heightened interest in sanctions, specifically, those sanctions being imposed against Russia. Through this series of articles, we aim to provide a general overview of the notion of sanctions, consider the local framework through which sanctions function in Malta, illustrate the general obligations which subject persons are required to observe vis-à-vis sanctions and discuss a general overview of the sanctions imposed by the EU against Russia. In this third article, we shall consider the additional duties of subject persons (under the PMFLTR) in relation to international sanctions. There are…

Edmond Zammit Laferla and Zachary Galea13th October 2023

Corporate and M&A Legal Updates

Corporate Legal Update for the Month of September 2023

On the 1st of September 2023, Legal Notice 208 of 2023 was published in the Supplement to the Government Gazette by the title of the Financial Collateral Arrangements (Amendment) Regulations (hereinafter referred to as the “Amendment Regulations”). The scope of these Amendment Regulations is to transpose the contents of article 89 of EU Regulation 2021/23 on a framework for the recovery and resolution of central counterparties, which provision amended Directive 2002/47/EC on financial arrangements. The Amendment Regulations amend the principal regulations, the Financial Collateral Arrangements Regulations, Subsidiary Legislation 459.01. Among the amendments introduced by the Amendment Regulations are the introduction…

Mamo TCV Advocates13th October 2023

Aviation News

Malta Top Ranked on the Cape Town Convention Compliance Index

Malta has once again been top ranked on the Cape Town Convention Compliance Index. Malta came first in Europe and second worldwide on the Index, with a top score of 95 on 100. This was announced by the Minister for Transport, Hon. Aaron Farrugia, at this year’s MACE, the Malta Aviation Conference & Expo, taking place between the 11th and 12th of October, 2023 at the Hilton, Malta. Mamo TCV has once again attended MACE.The Convention on International Interests in Mobile Equipment was concluded in Cape Town on 16th November 2001 together with the Protocol on Matters Specific to Aircraft Equipment (CTC). The…

Mamo TCV Advocates11th October 2023

Corporate and M&A Litigation & Dispute Resolution

Commercial Court’s Landmark Decision: Redefining Impracticability in Corporate Governance

In the case 44/2023/ISB delivered on 6th October 2023, the applicant, a majority shareholder in a company requested the Civil Court (Commercial Section) to fix a date for an extraordinary general meeting of the company under Art 132(1) of the Companies Act in an attempt to remove two directors from the Board of Directors without adequately proposing replacements. Such a move could push the company into a precarious state of regulatory non-compliance, endangering its very existence as it may lose its operational license. These consequences also undermine the minority shareholder’s decade long commitment which contributed to the company’s consistent profitability,…

Kristen Camilleri and Jonathan Abela Fiorentino11th October 2023