Category

Legal Updates

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Extensive Amendments to Maltese Competition and Consumer Law Legal Updates

Extensive Amendments to Maltese Competition and Consumer Law

The Competition Act and Consumer Affairs Act and other Laws (Amendment) Act was enacted on 31 May 2019.This Act extensively amends the Competition Act, the Consumer Affairs Act and other related legislation.It comes in the wake of theAugust 2018 public consultation procedure launched by the Government of Malta (see here) and a reworked draft bill (see here), all intended to ensure that the procedure adopted by the relevant administrative authorities in competition and consumer cases comply with the right to a fair hearing enshrined in the Constitution of Malta, and confirmed in the cases ofFederation of Estate Agents v Direttur Generali…
MamoTCV Advocates
5th June 2019
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MamoTCV contributes to the 7th Edition of The Insurance and Reinsurance Law Review Legal Updates

MamoTCV contributes to the 7th Edition of The Insurance and Reinsurance Law Review

MamoTCV has contributed to the 7th Edition of The Insurance and Reinsurance Law Review which was published in April 2019. This review has been edited by Peter Rogan (Ince Gordon Dadds LLP) and provides an overview of the legal and regulatory regime for (re)insurance undertakings and intermediaries in 30 jurisdictions.The publication provides guidance on legal and market developments in each jurisdiction aiding comparative analysis. The publication encourages a business-focused approach in comparison to standard legal guides.MamoTCV's contribution to the Malta chapter can be read or downloaded here.Disclaimer This document does not purport to give legal, financial or tax advice. Should…
MamoTCV Advocates
16th May 2019
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Maltese Court of Appeal decides that Industrial Tribunal cannot award compensation for the way in which dismissal took place if the dismissal is found to be fair. Legal Updates

Maltese Court of Appeal decides that Industrial Tribunal cannot award compensation for the way in which dismissal took place if the dismissal is found to be fair.

 In the case of Lucianne Lia vs Borg & Aquilina Ltd, the Maltese Industrial Tribunal (the 'Tribunal') had decided that whilst the dismissal had taken place for a justified reason at law, the employer had failed to properly warn the employee prior to said dismissal and for this reason, had awarded the employee the sum of €1,000. The defendant company appealed from this decision arguing that the law only gave power to the Tribunal to give compensation when the dismissal was found to be unfair.The Court of Appeal, in a decision dated 30th April 2019, noted that the employee had…
MamoTCV Advocates
7th May 2019
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Human Rights Update – A1-P1 cases decided in March 2019 Legal Updates

Human Rights Update – A1-P1 cases decided in March 2019

The European Court of Human Rights (the "ECtHR") has decided the following Article 1 of Protocol No. 1 ("A1-P1") cases during the month of March 2019: Arnaboldi v. Italy (appl. no. 43422/07) – the ECtHR declared a breach of A1-P1 in a case where the owner of a property in Livorno, Italy, was directed by the Italian courts to bring his action for compensation exclusively against an insolvent company. This company conducted the expropriation on behalf of the Italian government.Yavas and others v. Turkey (appl. no. 36366/06) – the ECtHR declared that a private pension fund set up to cover…
MamoTCV Advocates
30th April 2019
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UK CFC rules in breach of Article 107 TFEU Legal Updates

UK CFC rules in breach of Article 107 TFEU

On the 2nd April 2019 the European Commission concluded its high-profile investigation into a UK tax scheme for the intra-group financing of multinationals. The investigation was opened in October 2017 and is a way of ensuring that all companies "pay their fair share of tax". Subject to the investigation were certain UK exemptions on the application of tax avoidance rules to multinationals, which at the time were deemed to potentially fall foul of the EU's state aid regime. The UK has used controlled foreign company rules to prevent companies established within the UK from using a subsidiary based in a…
MamoTCV Advocates
23rd April 2019
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EP Approves New Draft Law for Union Whistleblowers Legal Updates

EP Approves New Draft Law for Union Whistleblowers

On the 16th April 2019 the European Parliament approved new rules on the disclosure of information regarding illegal, fraudulent or harmful activities acquired in a work-related context.The draft directive recognizes that persons who work for a public or private organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in this context. By 'blowing the whistle' these persons play a key role in exposing and preventing breaches of the law that are harmful to the public interest. It is important…
MamoTCV Advocates
23rd April 2019