Jan
10

EU Adopts Regulation Prohibiting Geo-Blocking

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This article was written by​ Dr Annalies Muscat and Dr Laura Spiteri.​ The European Commission (the 'Commission') has adopted an e-commerce package that included the adoption of different laws with the aim of making it easier for European consumers to shop online throughout the European Union (the 'EU'). One of the measures adopted was Regulation 2018/302 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market (the 'Regulation'). The Regul...
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Jan
01

Commission Seeks Feedback on Commitments Offered by Visa and Mastercard on Inter-Regional Interchange Fees

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This article was written by​ Dr Annalies Muscat and Dr Laura Spiteri.​ Following the issue of a Statement of Objections by the European Commission (the 'Commission') against Visa and MasterCard regarding the competition concerns raised by inter-regional interchange fees ('inter-regional MIFs') for payment card transactions, the Commission is inviting any interested parties to comment on the commitments that have been proposed by Visa and MasterCard separately. Inter-regional MIFs are fees applicable to payments made in the European Economic Area (the 'EEA') u...
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Dec
14

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

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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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Dec
10

Can an Employer Dismiss an Employee for Incapacity to Work Due to Illness?

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An employee had been allowed to work from home because of a medical condition, and this following his doctor's recommendation. After a period of time with this arrangement, the company ultimately decided to withdraw its approval and requested that the employee reports to work at its official premises. The employee refused, and his employment was terminated. Consequently, the employee instituted proceedings before the Industrial Tribunal, claiming unfair dismissal and discrimination because of his disability. In its decision of the 5th December 2018, the Tribunal s...
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Dec
07

What Happens to Unused Vacation Leave?

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In the Joined Cases C-569/16 (Bauer) and C-570/16 (Willmeroth), decided last month, the Court of Justice of the European Union had to decide whether the widows of two workers were entitled, as sole heirs, to demand from their spouses' previous employers an allowance in lieu of annual leave which had not been availed of by their spouses. The Court ruled that the worker's right to paid annual leave, which it emphasised constitutes an essential principle of EU social law, does not terminate upon his death. The reason for termination of the employment relationship is ...
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