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COVID-19 State Aid to be Prolonged Legal Updates

COVID-19 State Aid to be Prolonged

As a result of the unprecedented circumstances we are currently facing, a number of measures were adopted to ease the challenges that various businesses are facing. In this regard, the European Commission adopted the State aid Temporary Framework (the "Framework") on 19th March, 2020, which has subsequently been amended a number of times to reflect the ever-changing nature of how the coronavirus pandemic is affecting the economy. This Framework details the conditions under which State aid would be permissible under Article 107(3)(b) of the Treaty on the Functioning of the European Union with a view to seeking to ensure the…
MamoTCV Advocates
19th October 2020
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Tenants’ Rights Safeguarded by Constitutional Court Litigation & Dispute ResolutionNews

Tenants’ Rights Safeguarded by Constitutional Court

Constitutional Court, Gerald Camilleri et vs Advocate General et, 6th October 2020The Maltese courts of Constitutional Jurisdiction were tasked with deciding a claim of violation of fundamental human rights as filed by the applicants, who had purchased a property in Sliema - in respect of which the provisions of the Housing (Decontrol) Ordinance, Chapter 158 of the Laws of Malta are applicable - and which the applicants knew was tenanted by third parties under a title of lease resulting from a previous title of emphyteusis. Notwithstanding the fact that the applicants were well aware of the tenants' rights and indeed…
Kirk Brincau
8th October 2020
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Court Judgment on Status of Employee Employment and Industrial RelationsNews

Court Judgment on Status of Employee

In a judgment delivered on the 30th September 2020, the Court of Appeal confirmed a decision of the Industrial Tribunal ("the Tribunal") which had found that the relationship between the applicant and the defendant company was not one of employment.The applicant had instituted proceedings before the Industrial Tribunal following the termination of his contract. He alleged that notwithstanding what his contract stated, he should be deemed an employee and therefore termination could only take place for a good and sufficient cause. Since the company had terminated his contract simply by giving notice according to the contract, he was therefore allegedly…
Christine Calleja
2nd October 2020
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Malta Travel – Covid-19 – Amber list update Immigration

Malta Travel – Covid-19 – Amber list update

As from midnight of Friday 11th September 2020, all Paris Airports and Marseille Airport will be included on the Amber List.Therefore, as from the above-mentioned date, Malta's Amber List will include the following countries:​Czech Republic,France (all Paris Airports and Marseille Airport),Romania,Spain (Barcelona, Girona and Madrid),Tunisia.Before boarding flights to Malta, any passenger departing from the above-mentioned countries/airports shall be required to submit a negative COVID-19 Polymerase Chain Reaction (PCR) test, which must have been carried out within 72 hours of his/her scheduled arrival.Upon arrival at the Malta International Airport, any passenger not having the proper certification may be subjected to a…
MamoTCV
11th September 2020
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Upcoming ‘Digital’ Laws: The Future Is Now NewsTelecoms, Media & Technology

Upcoming ‘Digital’ Laws: The Future Is Now

Law is an ever-evolving social construct and remains effective only insofar as it can be updated in a timely manner to keep up with real-life developments. The relevance of laws and their subject matter is always dictated by present-day realities and circumstances. One need only look at some of Malta's oldest laws, such as the Public Weighers Ordinance, the Carrier-Pigeons Ordinance and even the Cereals (Sale) Ordinance, all of which are now obsolete and repealed, to be transported, as if by time machine, to an entirely different era. While looking into the past can offer certain insights, the online world…
Warren Ciantar
7th September 2020
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Two Landmark judgments by the European Court of Human Rights against Malta Litigation & Dispute Resolution

Two Landmark judgments by the European Court of Human Rights against Malta

In the Case of Aquilina v Malta (Application no. 40246/18) decided on 9 June 2020 and the Case of Montanaro and Others v. Malta (Application no. 29964/18) decided on 1 September 2020, the European Court of Human Rights (ECHR) overturned yet another decision taken by the Constitutional Court here in Malta. Both judgments dealt with the 1979 amendments to Chapter 158 whereby a temporary emphyteusis (cens) would upon termination convert into a protected lease. The law has been found in breach of human rights in several cases both in Malta and in Strasbourg. However, in the cases of Aquilina and…
Michael E. Camilleri
4th September 2020