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Constitutional Court Increases Damages Due to Landlords of Sliema Property Because of Prejudicial Rent Laws Litigation & Dispute Resolution

Constitutional Court Increases Damages Due to Landlords of Sliema Property Because of Prejudicial Rent Laws

This article was written by Michael E. Camilleri & Ilenia AgiusIn a judgment delivered on 20th July 2020, the Constitutional Court ordered the State Advocate to pay €250,000 in damages, including moral damages, to the landlords of a property in The Strand, Sliema. The property in question was initially acquired in 1919 by title of temporary emphyteusis which is to expire in 2028. In 1976 the emphyteuta leased the property at an annual rent of Lm4,000 subject to an increase of 5% every five years. The parties had also agreed to enter into a new lease agreement after the lapse of fifteen…
Michael E. Camilleri
31st July 2020
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The EU-US Privacy Shield is No More Telecoms, Media & Technology

The EU-US Privacy Shield is No More

This article was written by Dr. Warren Ciantar and Dr. Claude Micallef-Grimaud.On Thursday 16th July 2020, the Court of Justice of the European Union ('CJEU') ruled that the 'Privacy Shield' agreement allowing for the transfer of personal data between the European Union and the United States of America does not provide sufficient protection from US surveillance to EU citizens.To fully appreciate the context and ramifications of this decision, one must go back to 2013, when a young Austrian privacy activist by the name of Max Schrems raised a complaint against Facebook with the Irish Data Protection Commissioner. The complaint centered around…
Warren Ciantar
23rd July 2020
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Maltese Diplomatic Missions Remain Closed Immigration

Maltese Diplomatic Missions Remain Closed

With the publication of L.N. 255 of 2020, which came into effect on the 15th of July, 2020, the travel to and from Malta was permitted from the countries listed here. Additionally, Identity Malta has also re-opened its services and shall be accepting new Single Permit applications as of the 3rd of August, 2020.However, although it is now permissible to travel to and from Malta, none of Malta's Diplomatic missions or foreign representations are processing any visa applications. Therefore for nationals of those countries considered 'Safe-Zone', which do not have a visa waiver agreement with the Schengen Area Members States,…
Julian Fenech Adami
22nd July 2020
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Identity Malta Issues Update on Single Permit Applications Immigration

Identity Malta Issues Update on Single Permit Applications

During the COVID-19 pandemic, Identity Malta had suspended all new single permit applications, barring those applications submitted under the Key Employee Initiative and by medical professionals. Nonetheless, third country nationals who were present in Malta and held a valid work permit were able to change their employer, irrespective of their application type.Identity Malta has now stated that it will be re-opening its services and shall be accepting Single Permit applications as of 3rd August, 2020. All new applications will be subject to more scrutiny than before, with a large focus on labour market tests and any applicable legislation. Following the…
Julian Fenech Adami
17th July 2020
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Undertakings with Links to Tax Havens not to Receive State aid Antitrust, Competition and TradeLegal Updates

Undertakings with Links to Tax Havens not to Receive State aid

The European Commission ('Commission') has issued a recommendation to Member States that undertakings with links to tax havens (see list) and/or undertakings that have been convicted of serious financial crimes should not be beneficiaries of any state aid.The aim behind this recommendation is to avoid the misuse of public funds and to strengthen safeguards against tax abuse and financial crime throughout the Union. Nevertheless, it ought to be noted that the recommendation does not absolutely prohibit every undertaking with a link to a listed non-cooperative jurisdiction from receiving State aid. Member States are to make known to the Commission the…
MamoTCV Advocates
16th July 2020