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MamoTCV Advocates

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Legal Update: Unfair Trading Practices in the Food Industry Legal Updates

Legal Update: Unfair Trading Practices in the Food Industry

In April 2018, the European Commission issued a proposal for a Directive on unfair trading practices in business-to-business relationships in the food supply chain. The proposed Directive targets the imbalance of power in buyer-supplier relationships where the supplier is a small and medium-sized enterprise ('an SME') and the buyer is not.The EU's Special Committee on Agriculture supported the Commission's draft Directive. However, on the 1 October 2018, Members of the European Parliament that form part of the Agricultural Committee voted in favour of extending the protection afforded by the draft Directive to all producers and supplies, irrespective of whether they…
MamoTCV Advocates
24th October 2018
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Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature Legal Updates

Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature

On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et after the plaintiff political party filed a case arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial authority with the power to impose substantial fines violates the right to a fair hearing because the Commission is not a court. The Court observed that despite the powers granted to the Commission to investigate and penalise a political party when it breaches the law, it remains subject to the scrutiny of the fundamental rights protected by the…
MamoTCV Advocates
18th October 2018
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Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature Legal Updates

Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature

On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et after the plaintiff political party filed a case arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial authority with the power to impose substantial fines violates the right to a fair hearing because the Commission is not a court. The Court observed that despite the powers granted to the Commission to investigate and penalise a political party when it breaches the law, it remains subject to the scrutiny of the fundamental rights protected by the…
MamoTCV Advocates
18th October 2018
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Exercise of power to stay proceedings under Article 220 of the Companies Act Legal Updates

Exercise of power to stay proceedings under Article 220 of the Companies Act

In its recent decision HSBC Bank Malta Plc v The Golden Shepherd Group Limited, (decided 4th October, 2018) the Civil Court (Commercial Section) exercised its special powers under Article 220 of the Companies Act to stay proceedings pending against the defendant company ("Golden Shepherd"). Golden Shepherd is currently the defendant in on-going dissolution and winding up proceedings instituted by HSBC Bank Malta Plc ("HSBC"). Article 220 allows a company, a creditor or a contributory of that company from applying to the court, at any time after the filing of a winding up application, requesting a stay of judicial proceedings pending against…
MamoTCV Advocates
17th October 2018
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Exercise of power to stay proceedings under Article 220 of the Companies Act Legal Updates

Exercise of power to stay proceedings under Article 220 of the Companies Act

In its recent decision HSBC Bank Malta Plc v The Golden Shepherd Group Limited, (decided 4th October, 2018) the Civil Court (Commercial Section) exercised its special powers under Article 220 of the Companies Act to stay proceedings pending against the defendant company ("Golden Shepherd"). Golden Shepherd is currently the defendant in on-going dissolution and winding up proceedings instituted by HSBC Bank Malta Plc ("HSBC"). Article 220 allows a company, a creditor or a contributory of that company from applying to the court, at any time after the filing of a winding up application, requesting a stay of judicial proceedings pending against…
MamoTCV Advocates
17th October 2018
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Transfer of Business Requirements Considered in Employment Related Dispute Employment and Industrial RelationsLegal Updates

Transfer of Business Requirements Considered in Employment Related Dispute

 In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities.Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage being the transfer of the undertaking from the original lessee…
MamoTCV Advocates
9th October 2018