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Mamo TCV Advocates: EU flag
Council of Europe Issues Guidance on Best Practices on Implementation of Restrictive Measures Corporate and M&A

Council of Europe Issues Guidance on Best Practices on Implementation of Restrictive Measures

The Council of Europe has recently published a guidance note to the general public considering the best practices for the effective implementation of restrictive measures. This guidance note sets out to provide a non-exhaustive list of recommendations for the effective implementation of restrictive measures. The first set of recommendations relates to the designation and identification of persons and entities which are subject to restrictive measures. One of these recommendations relates to the specific identifiers of persons and entities which are subject to targeted restrictive measures. The Council of Europe suggests that as many specific identifiers as possible be published at…
Zachary Galea
28th August 2024
Mamo TCV Advocates: Understanding the Health and Safety at Work
Understanding the Health and Safety at Work Act: Key Concepts and Recent Changes Employment and Industrial RelationsReal Estate & Construction

Understanding the Health and Safety at Work Act: Key Concepts and Recent Changes

On the 9th of August 2024, the Health and Safety at Work Act, Act XXXIII of 2024 (Chapter 646 of the Laws of Malta) (hereinafter referred to as the ”Act”) was published by Parliament. Upon coming into force, the Act shall repeal the Occupational Health and Safety Authority (“OHSA” or “Authority”) Act (Chapter 424 of the Laws of Malta) and its subsidiary legislation. The Act implements principles found in the Framework Directive (89/391/EEC) for health and safety at work, which principles are applicable across the European Union. Objectives and the Scope of the Act The primary objective of the Act…
Jeanine Mallia Schembri
23rd August 2024
Mamo TCV: Revised EU Guidelines Clarify Air Passenger Rights Under Regulation 261/2004
Revised EU Guidelines Clarify Air Passenger Rights Under Regulation 261/2004 Aviation

Revised EU Guidelines Clarify Air Passenger Rights Under Regulation 261/2004

On July 22, 2024, the European Commission approved revised Interpretative Guidelines (the “Guidelines”) on Regulation (EC) No 261/2004 (“Regulation 261/2004”), which address air passenger rights concerning compensation and assistance for denied boarding, cancellations, and delays and on Regulation (EC) No 2027/97 on air carrier liability in case of accidents. These new Guidelines incorporate essential EU case law that has shaped passenger rights since 2016. Whilst they do not introduce new information or changes to the practical application of Regulation 261/2004, they will serve as interim guidance until the anticipated revision of Regulation 261/2004 is implemented. However, the Guidelines are not…
Martina Azzopardi and Joshua Chircop
22nd August 2024
Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
Defining Damages: Decision on the Scope of Moral Damages Litigation & Dispute Resolution

Defining Damages: Decision on the Scope of Moral Damages

On 30th July 2024, when considering Application number 88/21/2, the Court of Appeal was tasked with deciding two primary issues and grievances brought forward by the appellants against the decision of the First Court. These were the appropriate multiplier for calculating the victim’s loss of future earnings, and moral damages following Act XIII of 2018. By addressing these pertinent legal issues, the Court sought to establish clear guidelines for the quantification of damages in personal injury cases, an area which has been marked by inconsistent judicial interpretations surrounding notions of lucrum cessans and damnum emergens. In its decision, the First…
Klara Cachia and Kirk Brincau
7th August 2024
EU Flags
MFSA Outlines Expectations for (Re)Insurance Outsourcing and Authority Delegation Insurance & Reinsurance

MFSA Outlines Expectations for (Re)Insurance Outsourcing and Authority Delegation

On the 9th of July 2024, the MFSA published a Circular setting out its expectations with regards to the requirements listed in paragraph 6.8 of Chapter 6: System of Governance of the Insurance Rules in circumstances where authorised undertakings: outsource a key and/or critical/important function to a service provider; and/or enter into an arrangement with a Managing General Agent (“MGA”) and/or an intermediary (“INT”) and/or a Third-Party Administrator (“TPA”), giving them delegated underwriting and/or claims and/or distribution authority. The MFSA made reference to the following authorised undertakings in this regard: authorised insurance undertakings, authorised reinsurance undertakings, captive insurance undertakings and…
Mamo TCV Advocates
7th August 2024
Regulatory Compliance Quarterly Update | Q2 2024 Insurance & ReinsuranceInvestment Services & FundsRegulatory Compliance

Regulatory Compliance Quarterly Update | Q2 2024

We are pleased to issue our ninth edition of the Regulatory Compliance Quarterly Updates. These updates are intended to keep Maltese regulated entities informed of regulatory changes and developments taking place in the local financial services space. In this issue, we focus on the sector specific and cross-sectoral regulatory updates relating to investment services, CSPs, fintech, insurance undertakings and insurance intermediaries. Our ninth Regulatory Compliance Quarterly Update can be found here .The Regulatory Compliance Quarterly Update does not purport to give legal, regulatory,financial or tax advice. Should you require further information or assistance, please do not hesitate to contact Michael…
Mamo TCV Advocates
2nd August 2024