Insights

Immigration

30th June Deadline Nearing for Britons to Secure Residency Status in Malta

30th June 2021 Deadline Nearing for Britons to Secure Residency Status in MaltaThousands of British nationals living across the European Union only have a few weeks left to regularize their residency status in their country of residence, including Malta.Since Brexit, fourteen countries, including Portugal, Spain, and Italy, have automatically granted post-Brexit rights to British nationals residing in their country lawfully. However, in several other countries, including Malta, British nationals have had to apply for the residency status as their right to residence was not automatically granted.In view of Brexit, British nationals and their family members who resided in Malta prior…

Julian Fenech Adami2nd June 2021

Corporate and M&A

Navigating the new regulatory landscape for Company Service Providers – Part 2

This article was written by Dr. Simon Pullicino & Dr. Laura SpiteriIn this second instalment of our series 'Navigating the new regulatory landscape for Company Service Providers', we take a closer look at the application process for CSPs seeking regulatory authorisation, the appointment of key office holders and applicable exemptions to the new regime. Part 1 of this series can be accessed here.The Application ProcessAny person operating in or from Malta who acts, or holds himself out as acting as a CSP by way of its business is required to apply for authorisation from the MFSA, unless such person is able to benefit…

Simon Pullicino6th May 2021

Corporate and M&A

Navigating the new regulatory landscape for Company Service Providers – Part 1

This article was written by Dr Simon Pullicino, Dr Petra Attard and Dr Laura SpiteriFollowing the entry into force of the Company Service Providers (Amendment) Act 2020 (the "Amendments") on 16 March, 2021 a number of significant amendments have been introduced to the local regulatory framework governing the provision of company services. The most notable amendments consist of the removal of previous exemptions available to warranted professionals and the end of the de minimis rule. The Amendments also introduce a classification system, assigning CSPs to a specific class by reference to the services provided. These Amendments form part of a broader reform…

Simon Pullicino4th May 2021

Aviation Shipping, 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 Chircop29th April 2021

Environment Law

Has the CJEU Shut the Door on Climate Change Litigation?

LEGAL BACKGROUNDIn recent years, numerous ecologists and environmental organisations have brought proceedings against national governments for their failure to reach the objectives contained in the 2015 Paris Agreement on combating climate change. That Agreement is unique for two reasons. First, it has been ratified by almost all countries in the world, representing over 95% of global greenhouse emissions. Secondly, it contains a specific climate target which our governments have promised to achieve. This consists in the maintenance of global temperatures to well below 2°C and preferably to not more than 1,5°C above pre-industrial levels from the date of the Agreement…

Mark Soler23rd April 2021

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 Soler21st April 2021