On the 1st of September 2023, Legal Notice 208 of 2023 was published in the Supplement to the Government Gazette by the title of the Financial Collateral Arrangements (Amendment) Regulations (hereinafter referred to as the “Amendment Regulations”) ...
On the 21st of April, Bill number 53 entitled the Arbiter for Financial Services (Amendment) Act (Chapter 555 of the Laws of Malta) was published among the Government Notices in the Supplement to the Government Gazette ...
In the case with number 609/2018 TA decided on the 29th of September 2022, the employee was alleging that he had suffered an injury whilst performing his duties as a gardener. The defendant company employing the plaintiff rejected responsibility for this alleged incident ...
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 ...
In a case decided on the 4th May 2022 (case number 524/14), the Court of Appeal held that a restriction contained in an employment contract which prevented an employee from soliciting or interfering or endeavouring to entice a customer away from the company after termination of employment, for a period of two years, could be enforced by the employer ...
In the Industrial Tribunal case of David Magro v HSBC Bank Malta plc, the applicant alleged that he had been unfairly dismissed when the defendant bank had not accepted to renew his career break, resulting in his employment being terminated. The applicant had been granted such a renewal for several years but had agreed with the Bank that the last renewal would be final, and that by a specific date, he had to either resign or return to perform his duties with the Bank ...
On the 15th of September 2023, the Court of Appeal (Inferior Jurisdiction) (Appeal Number: 155/2022 LM) reversed the Industrial Tribunal’s decision that had previously considered that the plaintiff had been unfairly dismissed from his employment with a bank. The Court was tasked with deciding on the employee’s allegations during proceedings which primarily related to claiming discriminatory treatment and unfair dismissal ...
In case 161/2022/LM, delivered on 11th October 2023, the Court of Appeal upheld the decision of the Industrial Tribunal, which found justifiable reasons for dismissal. Following the Tribunal’s conclusion that the grounds for dismissal presented by the defendant company were justified, and consequently, the dismissal was fair, the former employee contested this decision in front of the Court of Appeal ...
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 ...
In a judgment delivered on the 28th of June 2022 in the names of Rapa et vs Chircop et, sworn application number 886/2018, the First Hall Civil Court was tasked with apportioning responsibility and liquidating damages consequent to a traffic accident which occurred between the car driven by the defendant Chircop and the pedestrian Rapa who had passed away as a result of the accident. In a rare decision, responsibility was not totally allocated to the driver of the vehicle ...
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 ...
On 27th June 2021, the European Commission unveiled the new set of EU Standard Contractual Causes (‘SCCs’) that are to be used in instances when personal data are to be transferred from the EU/EEA to a third country ...
17 February, 2023, marks the deadline for providers of online platforms to publish information on the average monthly active recipients of their services in the European Union (EU), as required by the Digital Services Act (Regulation (EU) 2022/2065) (DSA). The DSA defines online platforms as providers of hosting services that publicly disseminate users’ information ...
Matters of cross-border company mobility are addressed at European Union level by means of Directive (EU) 2017/1132 (the “2017 Directive”) which provides for cross-border mergers and domestic divisions of public limited liability companies ...
Dr Nicholas Valenzia, head of the Aviation Practice Area at the firm, has moderated a panel focusing on the Finance and Legal aspects of Aviation, featuring Alexandra Asche, Sales Director, from Global Jet Capital and Khader Mattar, CEO, from IC Group. The firm has once again participated in the Malta Aviation Conference & Expo (MACE) held at the Hilton, Portomaso between the 5th and 6th October, 2022 ...
Dr Nicholas Valenzia, Head of the Shipping and Yachting practice group at Mamo TCV, will be attending the Monaco Yacht Show between the 28th September and 1st October, 2022. Feel free to get in touch directly to set an appointment. The post Dr Nicholas Valenzia will be attending the Monaco Yacht Show appeared first on Mamo TCV ...
Professor Andrew Muscat, who heads the Corporate Law Department at the Firm, has published a series of articles in the Times of Malta dealing with the duties and liabilities of directors of a company experiencing financial difficulties. This subject is particularly relevant these days when several companies are finding themselves in a difficult position as a result of the Covid-19 worldwide pandemic ...
On the 2nd of February 2023, the European Insurance and Occupational Pensions Authority (hereinafter referred to as “EIOPA”) published a Supervisory Statement on the use of governance arrangements in third countries to perform functions or activities (hereinafter referred to as the “Statement”) ...
The Embedding ESG in Insurance webinar is being held as part the Mamo TCV Sustainable Finance Week being held between 24 October & 28 October 2022. Please click here for the programme of events ...
Are you a recruiter? Do you engage employees to temporarily send them to work at a user undertaking? Do you engage employees to provide contracting services to your clients? As from the 1st April of next year, the Employment Agencies Regulations will come into force, establishing a new regime for these operators, now termed as ‘employment agencies’ ...
Society Education shall once again be organising the yearly employment law seminar, which shall be held online on the 25th and 28th of October ...
On 25 February, 2021 the triumvirate of European Supervisory Authorities, the EBA, EIOPA and ESMA (the "ESAs") published a joint statement on the effective and consistent application and national supervision of the Sustainable Finance Disclosure Regulation ("SFDR"). The joint statement is intended to help mitigate the risks of divergent application of the SFDR, and promote a level playing field to protect investors ...
The ESG & CSR: Impact on Employment webinar is being held as part the Mamo TCV Sustainable Finance Week being held between 24 October & 28 October 2022. Please click here for the programme of events ...
The current exposure in the EU investment fund sector to the risks in real estate markets has been the subject of a recent publication, dated 10th January 2024, which was issued by the European Securities and Markets Authority (“ESMA”) as part of its ongoing Trends, Risks and Vulnerabilities (“TRV”) risk analysis ...
Over the past few weeks, the European Union has issued somewhat of a landmark act which is aimed at addressing the topical issue surrounding the lack of women in top-level corporate positions ...
