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Aviation

Amendments to the Aircraft Registration Act

The Aircraft Registration Act, Chapter 503 of the Laws of Malta (the "Act") and the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta (the "COCP") have been amended by virtue of Act No. XXXVII of 2021 (the "Amending Act"). The Amending Act brings about changes to various laws pertaining to aircraft registration.Certified DesigneeThe Amending Act introduces rules pertaining to the appointment of a "Certified Designee" (CD) under an irrevocable de-registration and export request authorisation (IDERA). Whilst the Act previously allowed for the appointment of a CD, and in fact, CDs are appointed in practise, the…
Joshua Chircop
10th August 2021
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AviationShipping, Yachting and Transport

Segregated Cells in Aviation and Shipping Companies

Pursuant to amendments to the Companies Act, the Companies Act (Shipping and Aviation Cell Companies) Regulations (the "Regulations") allow for the incorporation of cell companies that conduct shipping or aviation business. The Regulations also allow for the conversion of an existing company that conducts shipping or aviation business into a cell company. To understand what is meant by shipping or aviation business, please click here.A cell company may create one or more cells within itself for the purposes of segregating and protecting cellular assets. Each cell has distinct assets and liabilities and can therefore be used to carry out separate…
Joshua Chircop
29th April 2021
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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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AviationShipping, Yachting and Transport

Cell Companies in Shipping and Aviation Business

This article was written by Dr Nicholas Valenzia and Dr Joshua Chircop.Amendments have been made to the Companies Act allowing for the introduction of regulations regarding Cell Companies carrying on or engaged in Shipping or Aviation Business (the "Regulations").The RegulationsThe amendments have introduced a new article to the Companies Act, which gives the authority to the Minister responsible for the registration of commercial partnerships (the "Minister") to make the Regulations. The Regulations are expected to be promulgated under Maltese law imminently.The Regulations are expected to provide for the formation, constitution, authorisation and regulation of Cell Companies carrying on or engaged…
Nicholas Valenzia
15th May 2020
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AviationCOVID19 MeasuresShipping, Yachting and TransportTourism, Leisure & Hospitality

COVID-19: Commission provides guidance on EU passenger rights

Following the introduction of various measures across Member States due to the COVID-19 pandemic, including travel restrictions and border controls, passengers and transport operators are having to face cancellations and delays in transport. The European Commission has published the Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19 (hereinafter referred to as the "Guidelines") to ensure that EU passenger rights are applied consistently across the EU Member States. The Guidelines cover the rights of passengers when travelling by air, rail, ship or bus/coach, maritime and inland waterways, as well as the corresponding obligations…
Joshua Chircop
9th April 2020
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Aviation

Aviation: Malta – The New Hotspot in Europe

Nick Valenzia who heads our Aviation and Shipping teams delivered a presentation about the Aviation in Malta, Malta - the new hotspot in Europe, during the annual Corporate Jet Investor held at The Landmark Hotel in London on Monday 30th and Tuesday 31st January. Nick highlighted the most salient achievements in the local Aviation industry and the reason why Malta became one of the top jurisdictions of choice . Nick has also delved into the various fiscal and other benefits that Malta offers.Disclaimer This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance,…
Nicholas Valenzia
16th February 2017