Insights

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Court declares ARMS billing practices illegal

In what is considered to be a ground-breaking judgment, the First Hall Civil Court ordered Automated Revenue Management Services Limited (“ARMS”) to refund the sum it overcharged when issuing its electricity bills to the plaintiffs. The plaintiffs, Mr. Darren Cordina and Notary Melvin Polidano, instituted a case against ARMS on...

Freedom of Information Law Challenged in the Constitutional Court

We are proud to be assisting the Daphne Caruana Galizia Foundation, together with our colleague Dr. Claire Bonello, in constitutional proceedings, in which we seek to challenge, in particular, certain provisions of the Freedom of Information Act. More information about the case can be found on the following news portals: ...

Buying real estate off-plan? Be aware of the risks.

Real estate is the world’s most important and largest asset class, and is purchased both as a utility as well as an investment. It is largely perceived to be a safe investment, ostensibly due to its tangibility but also historically, at least here in Malta, the downside risk appears to...

Challenging the taxman’s executive title

In recent months we have seen the Government of Malta bolster resources in order to  intensify enforcement against money laundering and tax evasion. The oftentimes forbearing and indulgent stance of the Commissioner for Revenue (“CFR”) has shifted towards a policy that is seemingly hawkish and contentious. Indeed, our courts have...

Debt Collection: Enforcing an EU Judgment in Malta

Persons seeking to retrieve a sum of money that is owed to them may run into difficulties collecting the debt if it transpires that their debtor’s assets are held in a country other than the one where a court has passed judgement in their favour. It takes time and money...

The EU's plan to transform the Internet - Part 1

On 15 December 2020, the European Commission proposed two new pieces of legislation as part of its digital strategy to update the rules governing internet services in the EU. These complementary initiatives are the Digital Services Act (DSA) and the Digital Markets Act (DMA), and their main goals are to...

2021: Online Trading Platforms and Risks to Investor Protection

Among several events that 2021 will be remembered for, this year will probably go down as the year in which financial markets saw unprecedented levels of trading volumes, ostensibly due to the increased participation of retail investors making use of a variety of online trading platforms offering investments with low...

A missed opportunity for the Ġbejna

An online furore has erupted over the MCCAA’s decision to reject an application to have the beloved Maltese Ġbejna registered as a Protected Designation of Origin (“PDO”), ostensibly after opposition by local dairy giants, Benna.   At face value however, the decision appears to be legally well-founded and in conformity with...

An Employee’s right to disconnect

Covid-19 has brought about a change in the working environment with a number of businesses requiring or offering their employees to work remotely.   Recent statistics show that working from home has increased by almost 30%, and this figure is expected to remain constant throughout 2021. Eurofound has reported that people...

AG weighs in on the legality of Hyperlinks

In his recent opinion in a case pending [1] before the Courts of Justice of the European Union (‘CJEU’), Advocate General Maciej Szpunar weighed in on the legality of embedded hyperlinking - also known as framing. Traditionally, hyperlinking refers to an act whereby one webpage displays a URL to another...

MFSA launches Fintech Regulatory Sandbox

The Malta Financial Services Authority (MFSA) has introduced its FinTech Regulatory Sandbox, which provides a controlled regulatory environment where FinTech operators may test their innovations within the financial services sector under prescribed conditions. The FinTech Regulatory Sandbox was launched during a press conference held on the 22nd of July, 2020....

Copyright in the Digital Age

Muscat Mizzi Advocates is proud to have assisted the National Book Council (Malta) in drafting a proposed bill to amend the Copyright Act.The draft intends to update the Copyright Act in order to bring it in line with modern realities of the cultural industry; by transposing the EU’s Directive on...

Debt Collection in Malta

The economic fallout of the recent pandemic has brought about a surge in debt collection claims. The sudden pressure on income for certain businesses necessitates the frugal management of cash flow, to the extent that directors may find themselves in the unenviable position of having to prioritise payments to certain...

Crowdfunding on the Blockchain

Crowdfunding may easily represent the most accessible way for SMEs to raise financing. Blockchain is a highly effective and arguably revolutionary technology. Together, crowdfunding and blockchain, are an effective medium between the person launching an idea and those people who intend to participate in that idea.     A crowdfunding structure is...

Terminating a pregnant employee during her probation period

The plaintiff had filed an application claiming that her former employer, Union Print Company Limited, terminated her contract of employment immediately after informing them that she was pregnant. The company dismissed her allegations and claimed that her termination was strictly connected with her work performance. The company essentially argued that...

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