Dec
14

THE CASE OF BUTTIGIEG AND OTHERS v. MALTA (Application no. 22456/15) 11 December 2018

News_Hammer
The applicants are the owners of an apartment in Melita Street, Valletta which was inherited from their father who died in September 2006. The father of the applicants and his brothers had entered into a contract granting a temporary emphyteusis on August 4, 1981.In this contract the apartment was given for a period of 17 years on temporary emphyteusis which commenced on August 12, 1981 and the ground rent was set at Lm120 annually. The concession expired on August 11, 1998 but in virtue of Article 12(2)(b)(i) of Chapter 158 of the Laws of Malta the tenants had th...
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Aug
10

Amendments to Housing (Decontrol) Ordinance (Chapter 158 of the Laws of Malta)

News_AHO
Amendments to Chapter 158 were introduced by Act No. XXVII of 2018. The amendments affect the leases created by virtue of a previous title of emphyteusis or sub-emphyteusis which commenced before the 1 st June 1995 through the application of article 5, 12, or 12A of Chapter 158. The constitutionality of the provisions of Chapter 158 has been challenged repeatedly in front of the Maltese Courts and in front of the European Court in Strasbourg. Since the case of Amato Gauci v. Malta, (App no 47045/06 [ECHR, 15 September 2009]), the majority of the cases brought by o...
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