Constitutional Law

Corporate and M&A

Merits of Article 325 Revisited: Carmel Cortis Constitutional Judgment

Introduction On 12 October 2023, the First Hall of the Civil Court, in its Constitutional Jurisdiction in Carmel Cortis et v. Office of the Prime Minister et (Rik. Nru. 21/19TA), held that the provisions of the Companies Act (Cap. 386 of the Laws of Malta) (the “Act”) through which the property of a company struck off the register as defunct devolves upon the Government of Malta breached the fundamental right to property protected by Article 37 of the Constitution of Malta and Article 1 of Protocol No. 1 to the European Convention on Human Rights (“A1P1”), as well as the…

Andrea Theuma, Tessa Borg Bartolo and Jacob Gatt20th October 2026

Banking & Finance

MFSA Enforcement and the Limits of Appeal Rights in Malta: Key Takeaways from the Phoenix Judgment

The Civil Court, First Hall (Constitutional Jurisdiction), in the judgment Phoenix Payments Limited (now Lazarus Long Limited) v the Malta Financial Services Authority and the State Advocate (Application Number 272/2021), delivered by the Honorable Madam Justice Rachel Montebello on 27 April 2026, examined the administrative enforcement powers of the Malta Financial Services Authority (“MFSA”) and, critically, whether the available appeal mechanism satisfies the right to a fair hearing. Phoenix’s Application Phoenix Payments Limited (subsequently renamed Lazarus Long Limited) (“Phoenix”), a financial institution licensed and regulated by the MFSA under the Financial Institutions Act (Chapter 376 of the Laws of Malta)…

Mamo TCV Advocates9th June 2026

Corporate and M&A

The Right to a Fair Hearing in Consumer Law Proceedings

This article is written by Dr. Annalies Muscat On the 31 October 2019, the First Hall in its Constitutional Jurisdiction handed down judgement in Digisec Media Limited v Director General (Consumer Affairs) and Advocate General. It affirmed that public enforcement proceedings in relation to consumer law are criminal in nature and therefore are protected by the constitutional guarantee to a fair hearing as applicable to criminal offences.On the 18th of May 2018, in line with the provisions of the Consumer Affairs Act ("the Act") and the Consumer Rights Regulations ("the Regulations"), the Director General (Consumer Affairs) issued an administrative decision…

Annalies Muscat18th December 2019

Litigation & Dispute Resolution

Articles of the Customs Ordinance and Excise Duty Act Declared Unconstitutional

In the case 'Michael Zammit v. Kontrollur tad-Dwana et'decided on the 8th February 2019, the First Hall of the Civil Court (Constitutional Jurisdiction) found that Articles 68 and 72(4) of Chapter 37 of the Laws of Malta (Customs Ordinance), together with Article 16A of Chapter 382 of the Laws of Malta (Excise Duty Act), are in breach of Article 1 of Protocol 1 of the European Convention of Human Rights and Article 37 of the Constitution of Malta (the right to property). It also found that Articles 72 and 73 of Chapter 37 of the Laws of Malta (Customs Ordinance),…

Michael E. Camilleri20th February 2019

Litigation & Dispute Resolution

THE CASE OF BUTTIGIEG AND OTHERS v. MALTA (Application no. 22456/15) 11 December 2018

The applicants are the owners of an apartment in Melita Street, Valletta which was inherited from their father who died in September 2006. The father of the applicants and his brothers had entered into a contract granting a temporary emphyteusis on August 4, 1981.In this contract the apartment was given for a period of 17 years on temporary emphyteusis which commenced on August 12, 1981 and the ground rent was set at Lm120 annually. The concession expired on August 11, 1998 but in virtue of Article 12(2)(b)(i) of Chapter 158 of the Laws of Malta the tenants had the right…

Michael E. Camilleri14th December 2018