Publications

The ‘right to be forgotten’ within the European Union

Authors: Saman Bugeja
Published on October 4, 2019
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Practices: Data Protection & Privacy
In the case of Google LLC (as successor in law to Google Inc) vs Commission Nationale de l’informatique et des libertés (“CNIL”) decided by the Court of Justice of the European Union (the “CJEU” or the “Court”) on the 24 September 2019, the Court delivered a landmark preliminary ruling with respect to the applicability of the ‘right to be forgotten’ within the European Union.

The Malta flag: shipping funds and sale and leaseback transactions

Authors: Jan Rossi, Ilias Theocharis
Published on October 2, 2019
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Practices: Ship Finance & Mortgages, Shipping sale, purchase & charterparties
The popularity of sale and leaseback transactions is now evident to whoever is involved in the shipping industry. In the current global ship finance scenario, financiers and ship-owners now appear comfortable in selecting this method of finance for maritime assets.

Malta Court removes Government litigation privilege in judicial review cases

Authors: Clement Mifsud-Bonnici, Nigel Micallef
Published on September 25, 2019
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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.