Brexit and its Impact on your EU trademarks
The United Kingdom’s (‘UK’) decision to leave the EU in July 2016 has left not only a political challenge for diplomats, but also a legislative one, raising doubts and uncertainty regarding the effects of the post-transition period in the legal sphere.
The Interpretation of ‘Extraordinary Circumstance’ in Air Passenger Rights in Recent CJEU Case-Law
Flight cancellations and delays are not a novel concept. Luckily, the EU Regulation 261/2004 provides rules and conditions whereby passengers can seek compensation and assistance in cases of cancellation or long delays. The regulation is arguably ambitious, in that it grants the ordinary passenger a set of rights which in turn, imposes legal obligations on …
The Definition of Redundancy under Maltese Law
When terminating on grounds of redundancy, Maltese law states that an employer must always follow the last in, first out rule. Thus, the last person engaged within a class of employees affected by the redundancy should be the first to be made redundant. The only exception to the last in, first out rule is where …
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Compensation Awarded by the Industrial Tribunal | How is it Changing and Why?
Maltese Legislation does not impose an obligation on the Industrial Tribunal (hereinafter ‘Tribunal’) to include its reasoning for why a certain decision was taken and why damages were liquidated at a certain amount. Over the years this has led to a lot of uncertainties since when one tries to analyse past cases of the Tribunal …
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Does Competition Law fit the Digital Bill?
Typically, Competition law regulates anti-competitive conduct by companies within a pre-defined market. In doing so, Competition law will seek to ensure that firms and players in a market interact with one another in a way that is fair. Anti-competitive behaviours can take on two main forms in the field of Competition law: they might include anti-competitive …
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Shareholders precluded from bringing unfair prejudice action once the Court has issued buyout order
On the 13th of July 2020, the Civil Court (Commercial Section) gave what can be deemed to be a landmark decision.
Have Your Say: Public consultation on laws granting more power to EU MS Competition Law Authorities
With the entry into force of Regulation 1/2003 on May 1, 2014, the National Competition Authorities (“NCAs”) of the 27 Member States and the European Commission became the “European Competition Network”. This network aims at ensuring the effective enforcement of EU Competition Law, namely Articles 101 and 102 of the Treaty on the Functioning of the …
The Importance of having an IT Security Policy in place
Organisations need well designed IT security polices to ensure the success of their cyber-security strategies and efforts. The lack of an IT security policy can result from various reasons, but more often than not, include limited resources to assist with developing policies, slow adoption by management, or a lack of awareness of the importance of …
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The Concept of Single Source of Employment – Widening the Net for Equality of Pay?
The concept of Single Source of Employment is intimately linked with the notion of “equal pay for equal work”, a notion which is not only enshrined in our Constitution and which guarantees the constitutional right that women workers enjoy equal rights and the same wages for the same work as men, but is also regulated …
Malta sets up the National Foreign Direct Screening Office
The NFDI Screening Office (“Office”) was set up in order to implement the provisions of EU Regulation 2019/452 of the 19th of March 2019, establishing a framework for the screening of foreign direct investments into the Union. This Regulation relates particularly to foreign direct investments, or ‘FDIs’ which are likely to affect security or public …
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