Nov
02

EU Commission publishes proposal for a Regulation on European Crowdfunding Service Providers for Business

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  This article was written by Mikiel Calleja and Maria Refalo. Crowdfunding is the raising of money from individuals, to fund a project or carry out a venture.Carried out online, crowdfunding is advantageous because it has the potential to help better match investors with business projects in need of funding with crowdfunding platforms acting as an intermediary between investors and business. As such, it is becoming increasingly important to start-up companies and early stage companies, as a source of non-banking finance. On 8 March 2018, the European Commiss...
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Oct
25

The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation

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This article was written by Dr Richard Camilleri, Dr Annalies Muscat and Dr Laura Spiteri In Thake et v Kummissjoni Elettoraliet, decided on the 8 October 2018, the Constitutional Court held that when it is alleged that a criminal offence has been committed or the severity of the fine imposed means that the conduct in question is deemed to be of a criminal nature, the matter must be determined solely by a court and not by any other body or judicial organ (see more here ). This line of reasoning confirms the decision of the same court in Federation of Estate Agents...
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Oct
24

Unfair Trading Practices in the Food Industry

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In April 2018, the European Commission issued a proposal for a Directive on unfair trading practices in business-to-business relationships in the food supply chain, following a resolution by the European Parliament in 2016 for the Commission to submit a proposal in this regard. Presently, there is little harmonisation on how Member States combat unfair trading practices, with some Member States, including Malta, having no such legislation in place. The proposed Directive targets the imbalance of power in buyer-supplier relationships where the supplier is a small a...
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Oct
23

Malta Budget 2019

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Below are the salient points of the Malta Budget for 2019, which was presented to the House of Representatives by the Hon. Prof. Edward Scicluna, Minister of Finance, on 22 November 2018. Economic Performance Malta registered the highest fiscal surplus in the EU – Malta registered a surplus of €392.7 million, equivalent to 3.5% of GDP in 2017. Government debt has been reduced to 47% of GDP. Economic growth – Malta registered an economic growth of 5.4% in the first 6 months of 2018. Unemployment rate – Malta registered a record unemployment rate of 3.8%. Cost of li...
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Oct
23

Utmost Good Faith in Insurance Contracts

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This article was written by Veronica Grixti and Joshua Chircop. In a judgement presided by Mr. Justice Toni Abela, in the names Knightsbridge Developments Limited vs Citadel Insurance plc , the Civil Court, First Hall held that the principle of utmost good faith in insurance contracts applies not only at the moment of conclusion of the contract but also throughout the course of the performance of such contract. The plaintiff company was planning to build a block of nineteen apartments with garages, a semi-basement car park and a cafeteria in St. Paul's Bay, Malta....
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