Articles
Access Rights Of Grandparents
Access to minors refers to the right of the parent with whom the child is not residing, to spend time with the child, as well as the right of the child to spend time with aren’t with whom the child doe not reside. Up...
Reimbursement of Trademark Fees for SMEs
The European small and medium-sized enterprises (SMEs) are considered to be crucial to the European economy. The European Commission in collaboration with the European Union Intellectual Property Office (EUIPO) are...
Judgment By The Court Of Appeal On The Lifting Of The Corporate Veil
On the 1st of December 2021, the Court of Appeal (the “COA”) delivered a judgment confirming a decision of First Hall Civil Court (“CC”) given on the 30th of September 2016 in the...
Ship Inspection Campaign At Australian Ports
Between the 15th January and 30th March 2022, the Australian Maritime Safety Authority (AMSA) will hold a Focused Inspection Campaign (FIC), which will apply to all non-Australian flagged ships calling Australian ports...
Malta Elected To The Council Of The IMO
For the 13th consecutive term, Malta has been re-elected to the Council of the International Maritime Organisation, during its Assembly held earlier this Month. This result is of course very prestigious for Malta and...
Restrictive Measures Concerning Syria and Belarus
In view of the situation in Syria and Belarus and in line with the latest restrictive measures adopted by the Council of the European Union the Merchant Shipping Directorate has issued a Merchant Shipping Notice, to...
Water Mist Lance On-Board Container Vessels
The Malta Merchant Shipping Directorate, has issued an Information Notice in relation to the potential safety hazards associated with container fires, following the conclusion of the Marine Safety Investigation Report...
Part 2 Of A 2 Part Series On Leave Entitlement For Working Parents
In 2019, the European Commission pursued to strengthen one of the social rights pillars of the European Union (“EU”) throughout its Member States. In so doing, it sought to...
Part 1 Of A 2 Part Series On Leave Entitlement For Working Parents
The current statutory conditions and requirements for parental leave are established under the Parental Leave Entitlement Regulations, Subsidiary Legislation 452.78 (“S.L. 452.78” or the “Regulations”). These...
Recent Amendments To Malta’s Divorce Laws
Specific provisions relating to personal separation and divorce contained in the Civil Code (Chapter 16 of the laws of Malta) (the “Code”) were recently amended by means of Act XXV of 2021 (the “Act”).
Amendments To The Code Of Organisation And Civil Procedure
Certain provisions of the Code of Organisation and Civil Procedure, Chapter 12 of the laws of Malta (“COCP”) have recently been amended by means of Act XXXII of 2021 (the “Act”). The main changes (listed briefly...
Flagship Firm
Joseph Fenech, Shipping Executive within Fenech Farrugia Fiott Legal was recently interview by Skipper Magazine, an internationally renowned boats and yachting publication, in their 2021 Summer Edition. Joseph focused...
The Laying Down Of Harmonised Rules On Artificial Intelligence
Earlier this year, the EU Commission tabled a Proposal of the European Parliament and Council on the Artificial Intelligence Act (“Proposal” or the “Act”) a brief summary of which can be accessed through our website....
The Malta Shipping Registry Ranks Again Into Paris MOU’s Top 20
The Maltese Shipping Registry, has qualified into the 14th place in the prestigious Paris Memorandum of Understanding on Port State Control ( Paris MoU ), whilst also retaining its place as Europe’s top registry and...
The IDPC Guidance On Data Protection Aspects Relating To Employee’s COVID-19 Vaccination Status
The Office of the Information and Data Protection Commissioner (the “IDPC”) has recently issued a guidance document (“Guidance Document”) addressed to employers based in Malta, acting as data Controllers In...
Proposal Of The European Parliament And The Council On Harmonised Rules On Artificial Intelligence
Following various policy papers and guidelines published by high-level working groups on Artificial Intelligence (“AI”), on the 21st of April 2021 the European Commission issued a set of proposals for the introduction...
Adoption Of The Maltese Passenger Yacht Code
The Malta Merchant Shipping Directorate has announced the entry into force of the Passenger Yacht Code (PYC), with effect from the 25th of May 2021. It is widely recognised that when considering the operational pattern...
Curbing Redundancies In Terms Of The Employment And Industrial Relations Act
The unpredictability of COVID-19 has put many business owners and employees on edge. Notwithstanding the financial aid which has been made available to employers and employees in hopes of easing their financial...
Flexible Resolution of Difficulties in the Administration of Maltese Trusts
An interesting hallmark of the Maltese trust system is the flexibility afforded to trustees and other interested parties in handling situations which are best not left entirely to the discretion of the trustee. In this...
Definite Employment Contracts And Recourse Before The Industrial Tribunal
Following the judgment Galea Waldemar David vs University of Malta (Appeal no. 35/2018), delivered by the Court of Appeal on the 25th of January 2019, the jurisdiction of the Industrial Tribunal (the “Tribunal”) was...
The Balancing Act between Employers’ Legitimate Interest to Monitor Employees and Employees’ Right to Data Privacy
With the plethora of mitigating measures implemented and recommended by the health authorities to curb the spread of COVID-19, many businesses were compelled to shift their workforce to operate remotely from the safety...
Commercial Yacht Code 2020
The Merchant Shipping Directorate within the Authority for Transport in Malta (the ‘Directorate’), has recently issued the revised Commercial Yacht Code 2020 (the ‘CYC 2020’) which succeeds the former Commercial Yacht...
Malta Flag – Developments In The Yachting Registration Sector
It has definitely been a challenging year for many industries around the world, however Malta’s maritime industry is experiencing exciting times both from a results perspective as well as in the light of a number of...
“Deadlock” Among Various Grounds Of Sufficient Gravity That Warrant Dissolution Of A Company
Article 214 (2) (b) (iii) of the Companies Act, Chapter 386 of the laws of Malta empowers the Maltese Courts ordering the dissolution of a company where the Court “is of the opinion that there are grounds of sufficient...
Defunct Companies And The Devolution Of Assets To Government
Article 325 of the Companies Act, Chapter 386 of the laws of Malta, vests the Registrar of Companies with the prerogative to strike a company off the register where he has reasonable cause to believe that a company has...