Insights

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CJEU Confirms that Trade Union Strikes are not ‘Exceptional Circumstances’ for the Purposes of the Air Passenger Rights Regulation 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 Soler
21st April 2021
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Legal 500 ranks Mamo TCV as a top-tier Maltese Law firm in the newly updated Legal 500 2021 edition. 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 Advocates
19th April 2021
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The inability to pay debts test before the Maltese Courts Corporate and M&A

The inability to pay debts test before the Maltese Courts

In its recent decision Xuereb v Weber Construction Limited Et (decided 18 March 2021) the Civil Court (Commercial Section) weighed in once more on the appropriate tests to be applied when assessing a company's inability to pay its debts under Maltese corporate insolvency law. One of Weber Construction Limited's ("Weber") shareholders filed an application in court requesting the company's dissolution and consequential winding up on the grounds inter alia that it was unable to continue to pay its debts. Article 214(2)(a)(ii) of the Companies Act, 1995 (the "Act") grants the court discretion to order the dissolution and winding up of…
Simon Pullicino
7th April 2021
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Mamo TCV confirmed as one of Malta’s Leading Law Firms by Chambers Europe News

Mamo TCV confirmed as one of Malta’s Leading Law Firms by Chambers Europe

Mamo TCV was again recognized as one of Malta's top law firms in the 2021 guide for Europe published by the international legal directory, Chambers and Partners.In ranking the firm in Band 1 for "General Business Law" (covering Corporate, Commercial, Financial Services and Dispute Resolution), Chambers described the firm as being "stellar" and as having an acclaimed corporate and dispute resolution practice that is regularly retained by local and international clients spanning the banking, pharmaceutical and real estate industries, as well as public sector clients. One client commented that "They have a wide area of expertise and they are a…
MamoTCV Advocates
23rd March 2021
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Court of Justice of the European Union Condemns UK for Breaching Ambient Air Quality Limits Employment and Industrial Relations

Court of Justice of the European Union Condemns UK for Breaching Ambient Air Quality Limits

On the 4th March 2021, the Seventh Chamber of the Court of Justice of the European Union issued its decision on an important matter related to the breach of ambient air quality legislation by the UK government (European Commission v. United Kingdom of Great Britain and Northern Ireland, c-664/18). This case is only one among several others filed by the Commission against EU Member States, including France, Italy, Bulgaria and Hungary. Directive 2008/50/EC on ambient air quality and cleaner air for Europe required Member States of the EU to adopt the air pollution limits contained within its Annexes by the…
Mark Soler
8th March 2021
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Dr Jonathan Abela Fiorentino Certified as an Accredited Mediator by the London School of Mediation News

Dr Jonathan Abela Fiorentino Certified as an Accredited Mediator by the London School of Mediation

Dr. Jonathan Abela Fiorentino, a Senior Associate in the Litigation and ADR team at Mamo TCV Advocates, recently successfully completed the London School of Mediations' International Accredited Civil and Commercial Mediation Training Course and was certified as Accredited Mediator in civil and commercial matters.With this certification, Jonathan is now competent to accept instructions as an Accredited Mediator, both domestically and internationally. Mediation is an ADR process whereby the participants themselves are the protagonists in seeking an amicable settlement of their dispute. This is rendered possible through the intervention and guidance of a neutral and impartial mediator who leads the participants…
MamoTCV Advocates
3rd March 2021