Malta Court removes Government litigation privilege in judicial review cases

Authors: Clement Mifsud-Bonnici, Nigel Micallef
Published on September 25, 2019
The First Hall Civil Court (the “Court”) held in a recent case that the general requirement for a claimant to warn Government entities of its intention to file a lawsuit before doing so by means of a judicial letter under Article 460 of the Code of Organisation and Civil Procedure (the “COCP”) does not apply when the lawsuit relates to judicial review of administrative actions of Government under Article 469A COCP. The crux of the case at hand revolves around the relationship between two articles found in the COCP, being Article 460 and 469A.

Understanding the New Prospectus Regulation

Authors: Nicholas Curmi, Beppe Degiorgio
Published on September 20, 2019
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Practices: Capital Markets
Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market (the Prospectus Regulation / Regulation) entered into force on 20 July 2017 but it only became fully applicable on 21 July 2019.

AG Pitruzzella explores the maintenance of a consumer contract’s validity under the Unfair Contract Terms Directive

Authors: James Debono
Published on September 18, 2019
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Practices: Banking Regulatory
On the 14 May 2019, Advocate General Pitruzzella from the Court of the Justice of the European Union (CJEU) delivered his opinion on Case C‑260/18 “Dziubak vs. Raiffeisen Bank International AG”, following a request for a preliminary ruling from the Regional Court in Warsaw (Poland) relating to a case which ended up in a standstill concerning unfair terms in consumer contracts.

Redemption of Land belonging to the Government of Malta or to the Lands Authority – Recent Legal Developments

Authors: Antoine G. Cremona, Nigel Micallef
Published on September 10, 2019
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Practices: Environment & Planning
Legal Notice 216 of 2019, which was published on the 27th of August 2019, will re-introduce a mechanism for the redemption of ground-rent for land which belongs to the Government of Malta or to the Lands Authority under a title of revisable perpetual emphyteusis. This Legal Notice is limited to the latter and shall not change the legal provisions regulating emphyeusis between private party owners.