Dec
01

Aircraft Operator’s Bid for a Warrant of Prohibitory Injunction to Limit the Exercise of an IDERA Fails - Court Upholds the Supremacy of an IDERA

News_AKL
The exercise of rights under the Irrevocable De-registration and Export Request Authorisation (IDERA) has been accentuated in a ground-breaking decree delivered earlier this month by the First Hall, Civil Court, presided over by Hon. Justice Robert G. Mangion, when it was called to determine whether a warrant of prohibitory injunction can be issued to prohibit the holder of an IDERA registered in Malta from enforcing the IDERA and therefore from unilaterally requesting and procuring the de-registration of the aircraft from the Maltese Registry. In its decree deliv...
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  614 Hits
614 Hits
Aug
10

Amendments to the Aircraft Registration Act

News_AKL
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 Designee The 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 t...
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  988 Hits
988 Hits
Apr
29

Segregated Cells in Aviation and Shipping Companies

News_Skyp
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 ce...
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  1256 Hits
1256 Hits
Apr
21

CJEU Confirms that Trade Union Strikes are not ‘Exceptional Circumstances’ for the Purposes of the Air Passenger Rights Regulation

News_ria
​ 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...
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  1065 Hits
1065 Hits
May
15

Cell Companies in Shipping and Aviation Business

News_skys
This article was written by Dr Nicholas Valenzia and Dr Joshua Chircop . Amendments have been made to the Companies Act allowing for the introduction of regulations regarding Cell Companies carrying on or engaged in Shipping or Aviation Business (the "Regulations"). The Regulations The amendments have introduced a new article[i] to the Companies Act , which gives the authority to the Minister responsible for the registration of commercial partnerships (the "Minister") to make the Regulations. The Regulations are expected to be promulgated under Maltese law imminen...
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  3884 Hits
3884 Hits