Insights

Corporate and M&A

Navigating the new regulatory landscape for Company Service Providers – Part 1

This article was written by Dr Simon Pullicino, Dr Petra Attard and Dr Laura SpiteriFollowing the entry into force of the Company Service Providers (Amendment) Act 2020 (the "Amendments") on 16 March, 2021 a number of significant amendments have been introduced to the local regulatory framework governing the provision of company services. The most notable amendments consist of the removal of previous exemptions available to warranted professionals and the end of the de minimis rule. The Amendments also introduce a classification system, assigning CSPs to a specific class by reference to the services provided. These Amendments form part of a broader reform…

Simon Pullicino4th May 2021

Aviation Shipping, Yachting and Transport

Segregated Cells in Aviation and Shipping Companies

Pursuant to amendments to the Companies Act, the Companies Act (Shipping and Aviation Cell Companies) Regulations (the "Regulations") allow for the incorporation of cell companies that conduct shipping or aviation business. The Regulations also allow for the conversion of an existing company that conducts shipping or aviation business into a cell company. To understand what is meant by shipping or aviation business, please click here.A cell company may create one or more cells within itself for the purposes of segregating and protecting cellular assets. Each cell has distinct assets and liabilities and can therefore be used to carry out separate…

Joshua Chircop29th April 2021

Environment Law

Has the CJEU Shut the Door on Climate Change Litigation?

LEGAL BACKGROUNDIn recent years, numerous ecologists and environmental organisations have brought proceedings against national governments for their failure to reach the objectives contained in the 2015 Paris Agreement on combating climate change. That Agreement is unique for two reasons. First, it has been ratified by almost all countries in the world, representing over 95% of global greenhouse emissions. Secondly, it contains a specific climate target which our governments have promised to achieve. This consists in the maintenance of global temperatures to well below 2°C and preferably to not more than 1,5°C above pre-industrial levels from the date of the Agreement…

Mark Soler23rd April 2021

Aviation

CJEU Confirms that Trade Union Strikes are not ‘Exceptional Circumstances’ for the Purposes of the Air Passenger Rights Regulation

On the 23rd March 2021, the Court of Justice of the European Union (CJEU) rendered a Grand Chamber decision on a preliminary reference transmitted to it by a Swedish tribunal in a matter concerning air passenger rights (Airhelp Ltd v. Scandinavian Airline System SAS, c-28/20). The decision sets out the legal test according to which a strike by workers of an airline undertaking may be considered to be an 'extraordinary circumstance' for the purposes of the compensation provisions of Regulation (EC) 261/2004 (the Air Passenger Rights Regulation).THE FACTSA passenger, S., had booked an internal flight from Malmö to Stockholm which…

Mark Soler21st April 2021

News

Legal 500 ranks Mamo TCV as a top-tier Maltese Law firm in the newly updated Legal 500 2021 edition.

The Legal 500 EMEA published its 2021 edition and rankings on 14th April, 2021 and once again recognized Mamo TCV Advocates as one of the leading law firms in Malta. Apart from excellent rankings in all areas of practice, Prof. Andrew Muscat is listed in the Hall of Fame for Commercial, Corporate and M&A and as a Leading Individual in Banking, Finance & Capital Markets while Dr. Katya Tua and Dr Joe Camilleri were recognised as Leading Individuals in Investment Funds and Dispute Resolution respectively. Moreover, another 10 members of our team were singled out for their work in their…

MamoTCV Advocates19th April 2021

COVID19 Measures Intellectual Property

IP Hurdles in the Race for a Covid-19 Vaccine? (Part II)

On June 12 of last year, a few short months into a pandemic which, by then, had already reached all corners of the globe, the present author made a prediction concerning the IP barriers to distribution of the various Covid vaccines that were, at the time, in the very early stages of their development "Hurdles in the Race for a Covid-19 Vaccine?". The general thesis put forward in that article was that governments across the world would sooner guillotine their IP consultants in a public square than take their opinions seriously on the subject of vaccine rollouts. After all; two…

Jonathan Tonna16th April 2021