Apr
07

The inability to pay debts test before the Maltese Courts

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In its recent decision Xuereb v Weber Construction Limited Et (decided 18 March 2021) the Civil Court (Commercial Section) weighed in once more on the appropriate tests to be applied when assessing a company's inability to pay its debts under Maltese corporate insolvency law. One of Weber Construction Limited's ("Weber") shareholders filed an application in court requesting the company's dissolution and consequential winding up on the grounds inter alia that it was unable to continue to pay its debts. Article 214(2)(a)(ii) of the Companies Act, 1995 (the "Act") gr...
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Mar
08

Court of Justice of the European Union Condemns UK for Breaching Ambient Air Quality Limits

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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...
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Feb
22

Recognition of UK Insolvency Proceedings in Malta Post-Brexit

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Prior to 1 st January, 2021, the cross-border recognition and enforcement of insolvency proceedings and judgements between the European Union (" EU ") and the United Kingdom (" UK ") was largely consolidated within the framework of the European Insolvency (Recast) Regulation (the " EIR ") which generally attributed automatic recognition to such proceedings and/or judgements. Following the end of the Brexit transitional period on the 31 st December 2020, the EIR no longer applies to the UK. Consequently, insolvency proceedings opened in the UK after 31 st December ...
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Feb
19

Ex-employee of the St John Co-Cathedral Foundation awarded €23,000 in damages for unfair dismissal

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An ex-employee of the St John's Co-Cathedral Foundation instituted proceedings before the Industrial Tribunal seeking compensation for unfair dismissal. The defendant Foundation argued that the ex-employee had committed several breaches throughout the years and that the final action of insubordination on his part had left the Foundation with no option other than to summarily dismiss him. The Tribunal commented that whilst the defendant had argued that the ex-employee had committed several abusive practices, its reaction towards such alleged abuses had always been ...
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Feb
02

Mamo TCV Advocates Publishes 5th Edition of its Popular (and free) ‘Brief Overview of the GDPR’

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Mamo TCV Advocates has recently updated its very popular (and free) brief GDPR overview (now in its 5th edition) with easy-to-read information specific to Malta including the local implementation measures. The document can be downloaded for free from Mamo TCV's dedicated GDPR Microsite which is kept regularly updated. At www.gdprmalta.com you can find relevant data protection news and articles, all relevant guidelines, links to all the relevant laws and more. Should you need any guidance on any GDPR-related issues, please contact our specialised Data Protection Te...
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