LEGAL BACKGROUND In 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...

​ On the 23 rd 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 FACTS A pa...

On the 4 th March 2021, the Seventh Chamber of the Court of Justice of the European Union issued its decision on an important matter related to the breach of ambient air quality legislation by the UK government ( European Commission v. United Kingdom of Great Britain and Northern Ireland, c-664/18 ). This case is only one among several others filed by the Commission against EU Member States, including France, Italy, Bulgaria and Hungary. Directive 2008/50/EC on ambient air quality and cleaner air for Europe required Member States of the EU to adopt the air polluti...

If one wishes to import foreign plants into Malta or Gozo, it would be worth noting the new Propagation Material of Ornamental Plants Regulations (the "Regulations").  [1] These Regulations came into force on the 5 th October 2018 and ensure that any propagation material of ornamental plants produced or placed on the Maltese market meet predetermined standards of quality. Commission Directives 1993/49/EEC,  [2] 1998/56/EC,  [3] 1999/67/EC,  [4] 1999/68/EC  [5] and Commission Implementing Directive (EU) 2018/484 have been transposed by virt...

The Duty on Donations of Marketable Securities and Immovable Property Used for Business (Exemption) Order (the "Order"),  [1] recently amended by Legal Notice 412 of 2018,  [2] introduces a reduced rate of duty for gratuitous transfers of business property. The aim is to partially relieve the burden placed on individuals who intend to transfer immovable property forming part of a family business. The Order applies, inter alia , to individuals transferring, by gratuitous title, immovable property being a commercial tenement as defined in article 1525 of t...