Insights

Corporate Legal Update for the Month of June 2023

On the 12th of June 2023, an Act to amend the Gaming Act (Chapter 583 of the Laws of Malta) was passed by the House of Representatives, which introduced article 56A to the Gaming Act in order to encourage the establishment of gaming operators in Malta who offer local and cross-border supply of services. On the 16th of June 2023, the MFSA published a Feedback Statement on the new Publication Policy, together with the Policy. Click for an overview of the Publication Policy. The MFSA published a Circular on the 21st of June 2023 by way of an update…

Mamo TCV Advocates14th July 2023

Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible

Antitrust, Competition and Trade

Consumer Claims Tribunal Can Now Hear Claims of up to €10,000

On 10 July 2023, the Maltese Parliament resolved in favour of several amendments to the Consumer Affairs Act. These amendments serve two purposes. Firstly, the Consumer Claims Tribunal can now hear consumer claims of up to €10,000. This amendment represents a significant increase in the value of the claims that can be heard by the arbiter given the previous threshold of €5,000. This means that consumers can now opt to go to the Tribunal rather than initiate Court proceedings for a greater number of cases. Secondly, provision has now been made for the use of video conferencing in Tribunal proceedings…

Annalies Muscat14th July 2023

Legal Updates Regulatory Compliance

MFSA Publishes New Publication Policy, Alongside Feedback Statement

On the 1st of December 2022, the MFSA published a Consultation Document on the New Publication Policy regarding Administrative Measures and Penalties thereby commencing a consultation period which closed on the 15th of January 2023. A subsequent Feedback Document containing the new Publication Policy was issued on the 16th of June 2023 (hereinafter referred to as the ‘Publication Policy’), following feedback received from the market. The Policy is applicable as of the 1st of June 2023 to all administrative measures imposed by the MFSA. By way of background, the Malta Financial Services Act (hereinafter referred to as the ‘MFSA Act’)…

Mamo TCV Advocates13th July 2023

Antitrust, Competition and Trade

New Horizontal Block Exemptions and Guidelines Adopted

The European Commission has adopted revised Horizontal Block Exemption Regulations on research and development agreements and specialisation agreements, as well as revised Horizontal Guidelines. This follows a thorough review of the existent rules. The aim is to provide businesses, as well as their advisors, with clearer and updated guidance in order to assist with the self-assessment of horizontal agreements – that is agreements with competitors – with the competition rules. The Block Exemptions will enter into force on 1 July 2023. The revised Guidelines notably contain reference to recent case law as well as take into account current business and…

Annalies Muscat12th July 2023

MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations

Employment and Industrial Relations

Industrial Tribunal Orders Airmalta plc to Pay Ex-Employee €20,000 in a Case of Unfair Dismissal

In the case 3389/MF, the applicant argued that his redundancy from Airmalta plc was not genuine and consequently, that he should be compensated for unfair dismissal. On the other hand, Airmalta claimed that the marketing business had changed throughout the years and through a restructuring process, it had been decided that the role of marketing manager was no longer needed. In its summary of the case, the Tribunal noted that marketing work had been outsourced to an ex-employee and, that the work carried out was similar in nature to the work which the applicant used to carry out. The Tribunal…

Christine Calleja10th July 2023

Employment and Industrial Relations

Industrial Tribunal Decision on Constructive Dismissal and Discrimination

In Industrial Tribunal case number 3642/CCG, the applicant claimed that he had been subjected to discrimination, lack of equal pay, a breach of the grievance procedure under the collective agreement, lack of payment of a performance bonus and constructive dismissal. Firstly considering discrimination, the applicant argued that he was not allowed to avail himself of a career break to work with a company operating in the financial services industry. The reason for this was that there was a specific exclusion in the same collective agreement. The Tribunal stated that such a career break was within the absolute discretion of the…

Christine Calleja5th July 2023