Mamo TCV Advocates

Mamo TCV Advocates

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Region Area

News and developments

Corporate & Commercial

Uk cfc rules in breach of article 107 tfeu

On the 2nd April 2019 the European Commission concluded its high-profile investigation into a UK tax scheme for the intra-group financing of multinationals. The investigation was opened in October 2017 and is a way of ensuring that all companies "pay their fair share of tax".

28 October 2019

Employment

Ep approves new draft law for union whistleblowers

On the 16th April 2019 the European Parliament approved new rules on the disclosure of information regarding illegal, fraudulent or harmful activities acquired in a work-related context

28 October 2019

TMT ( Technology, Media & Telecoms)

Malta: the ultimate ai launchpad

The Maltese government has launched its AI Strategy for public consultation, in which it declares its intentions to establish Malta as “amongst the top 10 nations with the highest impact national AI programme.”

28 October 2019

Corporate & Commercial

Employee share schemes

Employee Share Schemes. Employee share schemes have not been as widely used in Malta as they have in some of our European neighbours. However, in general, companies use employee share schemes to attract, retain and reward talent by offering their employees a share in the success they help to create in the company. They provide a form of cash free reward and/or remuneration for employers as well as align the interests of employees with those of the company's shareholders to enhance performance and the company's success.

28 October 2019

Press Releases

Extension of consultation period

The MFSA has notified industry participants and interested parties that the Consultation period for the Guidance on Cybersecurity, issued on the 8 February 2019, has been extended to Monday 25 March 2019. 

16 December 2019

Corporate & Commercial

Extension of consultation period

Maltese law allows for the continuation of foreign foundations and associations in Malta.

28 October 2019

Corporate & Commercial

Establishment of land registration agency

A new agency has been established to carry out the functions and duties of public administration in relation to land and condominium registration.

28 October 2019

TMT ( Technology, Media & Telecoms)

Government surveillance - watchful protector or immoral spy?

European Court of Human Rights finds that UK government breached the right to privacy of virtually all UK citizens due to government mass surveillance systems which intercepted tremendous amounts of data via citizens’ communications.

28 October 2019

Corporate & Commercial

Utmost good faith in insurance contracts

The principle of utmost good faith in insurance contracts applies not only at the moment of conclusion of the contract but also throughout the course of the performance of such contract.

28 October 2019

Corporate & Commercial

Unfair trading practices in the food industry

European Commission issues a proposal for a Directive on unfair trading practices to tackle power imbalances in business-to-business relationships in the food supply chain.

28 October 2019

TMT ( Technology, Media & Telecoms)

Foundations and cryptos

Maltese foundations can be used to issue tokens and carry out trading activities resulting from such operations.

28 October 2019

TMT ( Technology, Media & Telecoms)

Ico imposes eur224,000 fine for ‘bcc’/’cc’/’to’ blunder

In imposing the significant fine as a result of the data breach, the UK’s ICO found, among other things, that the IICSA (which erroneously sent a bulk email using the ‘TO’ field instead of the ‘BCC’ field) failed to make use of an email account that could send separate messages to each participant and also failed to provide its staff with appropriate training and guidance.

28 October 2019

Litigation & Dispute Resolution

Amendments to housing (decontrol) ordinance (chapter 158 of the laws of malta)

Amendments to Chapter 158 were introduced by Act No. XXVII of 2018. The amendments affect the leases created by virtue of a previous title of emphyteusis or sub-emphyteusis which commenced before the 1st June 1995 through the application of article 5, 12, or 12A of Chapter 158.

28 October 2019

Intellectual Property

Unconventional trademarks post-kitkat:

Nestle’s ongoing campaign to secure trademark protection over the shape of their famous four-fingered KitKat bar suffered a major blow last July after their loss at the EU Court of Justice to American confectionary giant Mondelez International in the ultimate clash of the confectionary titans. But does Nestle’s loss really signal the end of the unconventional EU trademark?

28 October 2019

Intellectual Property

The cjeu pronounces itself on christian louboutin’s famous red sole

The CJEU has added a new chapter to a long saga of jurisprudence concerning one of the most well-known trademarks in IP circles worldwide. The decision marks a new victory for world-famous designer Christian Louboutin in his ongoing international struggle for trademark protection over his “red sole” mark in the market for high-heeled shoes.

28 October 2019

Litigation & Dispute Resolution

Sub-letting of commercial tenements after 31st may 2018 – let it be!

Proposed amendments being discussed in Parliament aimed at providing sub-lessees of commercial premises, whose sub-lease is going to end on 31st May 2018 by operation of law, with an option to demand the Rent Regulation Board to allow them to continue the sub-lease under revised conditions reflecting market conditions for a maximum period of 10 years.

28 October 2019

Employment

Does ‘on-call’ time qualify as ‘working time?

In a recent judgment, Ville de Nivelles v Rudy Matzak,decided on the 21st February 2018, the Court of Justice of the European Union tackled the issue of 'working time' in terms of Directive 2003/88/EC concerning certain aspects of the organisation of working time, and provided guidance as to when being on-call must be considered as 'working time' within the meaning of the Directive, even if the worker is at home.

28 October 2019

Finance

Eu commission notices to stakeholders

On the 8 February 2018, the EU Commission issued two Notices to Stakeholders in connection with the withdrawal of the United Kingdom from the EU, titled "Withdrawal of the United Kingdom and EU rules in the Field of Banking and Payment Services" and "Withdrawal of the United Kingdom and EU rules in the field of Post-Trade Financial Services" respectively.

28 October 2019

Corporate & Commercial

Social networks: when are you a consumer?

In Case C-498/16 Maximilian Schrems v Facebook Ireland Limited (nyr, 25 January 2018), the Court of Justice of the European Union (CJEU) had to decide when an individual who uses a social network for different purposes qualifies as a consumer.

28 October 2019

Litigation & Dispute Resolution

Sub-letting of commercial tenements after 31st may 2018 – let it be!

In terms of article 1531I of the Civil Code, as introduced by the amendments to the rent laws in 2009, a lease of commercial premises made before the 1st June 1995 shall terminate on 31st May 2028, unless a specific period has been stipulated in a contract and subject to the other specific provisions contained in this provision as may be applicable in a given case.

28 October 2019

Litigation & Dispute Resolution

The maintenance of roofs, floors & ceilings under maltese law

The continuous urbanization and gentrification of the Maltese landscape has augmented the importance of maintaining well-regulated neighbourly relations among residents living in densely populated areas of the Island.

28 October 2019

Employment

Protection of employment for those on a minimum wage.

In April of last year, mandatory supplements were introduced for those earning the minimum wage, (and for those who earn slightly more than the minimum wage but less than the new minimum wage with the €3 supplement), by means of amendments to the National Minimum Wage National Standard Order (S.L. 452.71).

28 October 2019

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