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No Discrimination When the Employer Pursues a Genuine Occupational Need Employment and Industrial Relations

No Discrimination When the Employer Pursues a Genuine Occupational Need

This article was written by​ Dr Christine Calleja & Tessa Borg BartoloA landmark judgment of the Court of Justice of the European Union ('the CJEU') in joined cases C-804/18 and C-341/19 was decided on the 15th July 2021 relating to the employer's ability to enforce certain conditions on employees in order to present a neutral image at the workplace. The facts of the cases involved individuals in Germany who were instructed by their respective employers not to wear the traditional Islamic headscarf (hijab) at their place of work. After the decisions of the local German courts were delivered, a preliminary ruling…
Christine Calleja
16th September 2021
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Transfers of Personal Data to Third Countries: A Brief look at the New SCCs Telecoms, Media & Technology

Transfers of Personal Data to Third Countries: A Brief look at the New SCCs

This article was written by​ Dr Michael Camilleri, Dr Warren Ciantar and Dr Claude Micallef-Grimaud. Transferring personal data from one EU Member State to another does not entail any formalities in addition to the basic and established requirements of the EU General Data Protection Regulation (GDPR). The reason for this is because all EU Member States are, by default, deemed to offer an 'adequate level of protection due to the robust and mostly harmonised privacy laws in place. The same can largely be said about countries within the European Economic Area (EEA). Transfers of personal data from the EU to the so-called…
Warren Ciantar
14th September 2021
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ECN+ Directive: Amendments Made to Competition Act Now in Force Antitrust, Competition and Trade

ECN+ Directive: Amendments Made to Competition Act Now in Force

This article was written by Dr Annalies Muscat and Dr Laura SpiteriIn the light of Malta's transposition of Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (the 'ECN+ Directive'), various amendments to the Competition Act (Chapter 379 of the laws of Malta) (the 'Act') have been made. The ECN+ Directive sets out rules to ensure that national competition authorities have the necessary guarantees of independence, resources, and enforcement and…
Laura Spiteri
8th September 2021
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Mediation of Employment Disputes Litigation & Dispute Resolution

Mediation of Employment Disputes

Disputes involving employment, whether they are disputes between employers and employees or disputes between employees, are by their very nature highly sensitive and can possibly affect the image and reputation of companies.An employment dispute is traditionally referred to the courts of law or to the Industrial Tribunal where there is always an element of publicity involved and a losing party. Mediation is an alternative method of dispute resolution which presents numerous advantages compared to traditional solutions. Mediation is a voluntary process during which two or more people involved in a dispute meet together and seek to work out a solution…
MamoTCV Advocates
31st August 2021
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Re-balancing the Respective Rights & Obligations of Lessors and Lessees Litigation & Dispute Resolution

Re-balancing the Respective Rights & Obligations of Lessors and Lessees

This article was written by​ Dr. Stephen Muscat and Daniel VancellIntroductionThe Reletting of Urban Property (Regulation) Ordinance, Chapter 69 of the Laws of Malta (the "Ordinance"), has been recently amended by virtue of Act XXIV of 20211. The main goal for the introduction of the Ordinance, originally, was to protect the interest of the public by establishing a type of lease which would automatically renew itself and could not be terminated unilaterally upon its expiration. A problem that arose under the Ordinance was the fact that this law placed a restriction on the amount of rent a lessor may demand,…
Stephen Muscat
31st August 2021
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Amendments to the Aircraft Registration Act 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