Nov
12

No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU

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  In case C-12/17 ('Dicu'), the Court of Justice of the European Union was asked to decide whether the Working Time Directive (Directive 2003/88/EC) precludes a provision in national law which, for the purposes of determining a worker's entitlement to paid annual leave, does not regard the amount of time spent by the worker on parental leave. The main question was therefore whether a period of parental leave had to be treated as a period of actual work to determine the paid annual leave entitlement. The Court stated that the purpose of annual leave is to enab...
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Nov
12

Does A Going Concern Constitute Adequate Security?

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Any lending of funds needs to be adequately secured. This is a practice which every lender knows and should observe in order to adequately protect his credit. However, the meaning of "adequate security" is not straight forward and lenders must be careful when selecting their preferred security . This issue came to the fore in Malta in the judicial sale by auction initiated in year 2018 in the names Neofarma Pharmaceuticals Ltd. Vs Cauchi Gera et (Court Ref. No. 9/2018) , by which The creditor company demanded the sale of a pharmacy licence. This meant that the imm...
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Nov
07

Amendments to the Voluntary Organisations Act

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The Voluntary Organisations (Amendment) Act, 2018 (the "Act") was promulgated on the 6 th November, 2018 to amend the Voluntary Organisations Act and to make consequential and other amendments to the Civil Code and to the Second Schedule to the Civil Code, the Public Collections Act, the Notarial Profession and Notarial Archives Act, the Arbitration Act and the Companies Act. The Act introduces categories of voluntary organisations ("VOs"), namely, government organisations, religious organisations and political organisations. It also incorporates new definitions f...
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Nov
06

Malta, New kid on the Block

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Dr Christina Scicluna's latest publication on the Times of Malta focuses on the regulatory framework surrounding virtual financial assets which has become effective 1st November 2018 in Malta.  Link below for more details: https://www.timesofmalta.com/articles/view/20181106/business-news/malta-the-new-kid-on-the-blockchain.693557   Disclaimer This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr. Christina Scicluna .
Nov
05

Government Surveillance - Watchful Protector or Immoral Spy?

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The Orwellian 'Big Brother' analogy has been used ad nauseam and is very well-known among the general populace, often used in sensational headlines whenever any issue regarding privacy finds itself in the news. For the sake of using a different analogy as well as to portray a different, perhaps more modern, perspective on surveillance, consider one of the final scenes of Christopher Nolan's "The Dark Knight". Towards the end of the movie, the titular hero reveals to his associate, Mr Lucius Fox, that he has developed a city-wide surveillance system, with the inten...
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