Ganado Advocates
FinTech Guide 2024
About
Ganado Advocates is a leading commercial law firm with a particular focus on the corporate, financial services and maritime /aviation sectors, predominantly servicing international clients doing business through Malta. The firm also promotes other areas such as tax, pensions, intellectual property, employment and litigation. The firm traces its roots back to the early 1900s, and is today one of Malta’s foremost law practices, consistently ranking as a leading firm in all its core sectors. Ganado Advocates has over the past decades contributed directly towards creating and enhancing Malta’s hard-won reputation as a reliable and effective international centre for financial and maritime services. Today, the firm continues to provide high standards of legal advisory services to support and enhance Malta’s offering.
Ranked Offices
Provided by Ganado Advocates
- Valletta171 Old Bakery Street, Valletta, Malta, Malta, VLT 1455
- Web: www.ganado.com
- Tel: (+356) 21 23 54 06
- View ranked office
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Articles, highlights and press releases
357 items provided by Ganado Advocates
Marriages on Maltese-flagged Vessels
It is well known nowadays that the popularity of the Malta flag has grown substantially and is one of the world’s largest.
Directive 2024/1203: Introducing Harsher Penalties for Unregulated Ship Recycling Practices
The EU has introduced Directive 2024/1203 of the EP and of the Council of 11 April 2024 on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC, a legislative act that significantly reinforces existing environmental protection laws,...
New obligations on importers and traders arising from the EU Deforestation Regulation
Following the European Green Deal, and following the Paris Agreement to curb deforestation, the European Union adopted the deforestation regulation (“EUDR”) on the 31 May 2023.
Update on the Case-181/23 Commission v Malta (Citizenship by Investment)
In Commission v Malta (filed on the 22 March 2023), the European Commission challenged Malta’s Citizenship by Investment framework.
No jurisdiction for a warrant of prohibitory injunction
In a rare decree, the Maltese Courts have denied a demand for a warrant of prohibitory injunction due to the absence of a real connecting link with Malta.
MFSA publishes Chapter 3 of the Financial Institutions Rulebook
Following the consultation document issued on 21 May 2024, the MFSA has today issued the revised Chapter 3 of the Financial Institutions Rulebook along with the new Financial Institutions Return and Guidance Notes.
Navigating through the process of a Members Voluntary Winding Up
Dissolution and consequential winding up, is a critical process in the life cycle of a company, marking its transition from active business operations into a state of liquidation eventually sealed by complete closure.
Commercial Court on grounds of sufficient gravity to order dissolution of overseas companies
In an ideal world, a company which would have run its course is dissolved and wound up voluntarily by its members, thereby leaving no stone unturned with respect to any debts or obligations owed to other parties.
Malta’s Office for Competition prohibits proposed concentration in the grocery retail market
Malta’s Office for Competition has prohibited the acquisition by an international discount retailer chain with a presence in Malta of real estate from its owners to operate a new supermarket under its brand.
Foreign Subsidies Regulation dawn raids: Challenge dismissed
On 12 August 2024, the President of the GCEU dismissed a request for an interim measure suspending dawn raids ordered by the EC in terms of the FSR.
European Commission publishes evaluation on the EU antitrust enforcement framework
On 5th September 2024, the European Commission (“Commission”) published a staff working document (“SWD”) summarising the main findings following an evaluation carried out into the workings of Regulation 1/2003 and Regulation 773/2004 (together the “Regulations”).
Supremacy of EU law: the Brussels Convention on the validity of a foreign jurisdiction clause
On 25th April 2024, the CJEU, composed of Judges P.G. Xuereb, A. Kumin and I. Ziemele, in Joined Cases C-345/22, C-346/22 and C-347/22 in the names Maersk A/S v Allianz Seguros y Reaseguros SA and Mapfre España Compañía de Seguros y Reaseguros SA v MACS Maritime Carrier Shipping GmbH & Co ruled,...
Legislative Amendments made to the Insurance PCC Regulations
On 30th August 2024, Legal Notice 201 of 2024, (The Companies Act (Cell Companies Carrying On Business Of Insurance) (Amendment) Regulations, 2024) (the “PCC Amendment Regulations”) was published in the Malta Government Gazette.
The exchange of information between credit institutions could constitute a restriction of competitio
In a request for a preliminary ruling, made in proceedings between several credit institutions and the Competition Authority in Portugal concerning the latter’s decision to impose a fine on those credit institutions for an infringement of national competition law and of Article 101 TFEU, the...
The view of Malta as a financial services centre remains positive
Malta continues to be a strong contender as a financial services hub, supported by a robust regulatory framework and proactive international market engagement, despite challenges in human resources and operations.
CJEU confirms when compensation for recovery costs is due under Late Payments Directive
The CJEU, in delivering a ruling in the case of Skarb Państwa – Dyrektor Okręgowego Urzędu Miar w K. vs. Z. sp.j. on 11th July 2024, considered the applicability of Article 6(1) of Directive 2011/7/EU on combating late payment in commercial transactions (recast), (the "Late Payments Directive").
The assessment of ‘floor’ clauses in loan agreements
On 4 July 2024, in the case of Caixabank SA & others v Asociación de Usuarios de Bancos, Cajas de Ahorros y Seguros de España & others, the ECJ issued a ruling regarding the legality of so-called ‘floor’ clauses in loan agreements, & whether consumers concerned should be entitled to reimbursement...
The impact of a ship arrest on contractual obligations of a time charterparty agreement
On 15th March 2024, the First Hall of the Civil Court delivered its judgement on the case of ‘Mediterranean Samac Company Limited and La Valletta BTZ Trading Limited vs. Harbour Fuels Limited within which the plaintiff companies were the co-owners of the vessel ‘Sun Oil I’ and engaged in judicial...
The CJEU on the principles of equal treatment and transparency in public procurement procedures
In the case C-737/22, the applicant, Staten og Kommunernes Indkobsservice A/S brought a case before the High Court of Eastern Denmark against BibMedia A/S.
Post-termination non-compete clauses in employment contracts
On April 23, the US’ Federal Trade Commission published the final version of a rather controversial new rule, which will introduce a nationwide ban on the use of post-termination non-competition clauses by employers.
The battle between Malacalza and the European Central Bank
In the case T-134/21, Malacalza Investimenti Srl and Vittorio Malacalza , shareholders of the Italian bank, Banca Carige, brought a case before the General Court of the Court, seeking compensation for unlawful conduct of the ECB in exercise of its supervisory functions of Banca Carige.
The dynamics of multi-generational family businesses
Family businesses, often spanning generations, possess a unique dynamic that necessitates special attention and care.
Anti-money laundering in Malta
Ganado Advocates has re-contributed the Malta chapter in the 2024 edition of the International Comparative Legal Guide to Anti-Money Laundering
Artificial intelligence in Malta
Ganado Advocates has contributed the Malta chapter in the 2024 edition of the Chambers Artificial Intelligence Global Practice Guide.
Publication of the Malta Financial Services Authority Act (Digital Operational Resilience Act (DORA)
As the date of application of Regulation (EU) is drawing closer, on the 16th July, 2024, a Legal Notice implementing the relevant provisions of the Regulation into Maltese law was published in the Malta Government Gazette.
ESMA publishes Report on Suspicious Transaction and Order Reports (“STORs”)
Today, ESMA has published its Annual Report on STORs, which aims at providing the market with insight over the use of STORs in different EU jurisdictions, and how this key information tool has evolved over time considering the Market Abuse Regulation regime.
CJEU annuls resolution board’s decision due to lack of transparency
On the 8th of May 2024 following an action for annulment by German credit institution Max Heinr. Sutor OHG, the General Court annulled a decision by the Single Resolution Board (“SRB”) in regard to the setting of 2021 contributions to the Single Resolution Fund.
The CJEU Rules on the Obligation of Traders when Online Contracts are concluded
On the 30th of May 2024, the CJEU laid down its preliminary ruling in the case of VT and UR v Conny GmbH[1], concerning the interpretation of Directive 2011/83/EU as to the conclusion of distance contracts concluded by electronic means.
Competition Law and Labour Markets – EU Commission Looks at Wage-Fixing and No-Poach Agreements
In recent years, competition authorities in the US have focused quite heavily on tackling anti-competitive practices in labour markets, and have taken several actions on this front.
No cutting corners in state aid assessment
On 14 June 2024, in ‘European Commission vs Kingdom of the Netherlands’ the ECJ had, for the first time ever, to decide a dispute as to whether the European Commission must assess and verify the existence of state aid, prior to deciding on the measure’s compatibility with the Internal Market.
Marriages on Maltese-flagged Vessels
It is well known nowadays that the popularity of the Malta flag has grown substantially and is one of the world’s largest.
Directive 2024/1203: Introducing Harsher Penalties for Unregulated Ship Recycling Practices
The EU has introduced Directive 2024/1203 of the EP and of the Council of 11 April 2024 on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC, a legislative act that significantly reinforces existing environmental protection laws,...
New obligations on importers and traders arising from the EU Deforestation Regulation
Following the European Green Deal, and following the Paris Agreement to curb deforestation, the European Union adopted the deforestation regulation (“EUDR”) on the 31 May 2023.
Update on the Case-181/23 Commission v Malta (Citizenship by Investment)
In Commission v Malta (filed on the 22 March 2023), the European Commission challenged Malta’s Citizenship by Investment framework.
No jurisdiction for a warrant of prohibitory injunction
In a rare decree, the Maltese Courts have denied a demand for a warrant of prohibitory injunction due to the absence of a real connecting link with Malta.
MFSA publishes Chapter 3 of the Financial Institutions Rulebook
Following the consultation document issued on 21 May 2024, the MFSA has today issued the revised Chapter 3 of the Financial Institutions Rulebook along with the new Financial Institutions Return and Guidance Notes.
Navigating through the process of a Members Voluntary Winding Up
Dissolution and consequential winding up, is a critical process in the life cycle of a company, marking its transition from active business operations into a state of liquidation eventually sealed by complete closure.
Commercial Court on grounds of sufficient gravity to order dissolution of overseas companies
In an ideal world, a company which would have run its course is dissolved and wound up voluntarily by its members, thereby leaving no stone unturned with respect to any debts or obligations owed to other parties.
Malta’s Office for Competition prohibits proposed concentration in the grocery retail market
Malta’s Office for Competition has prohibited the acquisition by an international discount retailer chain with a presence in Malta of real estate from its owners to operate a new supermarket under its brand.
Foreign Subsidies Regulation dawn raids: Challenge dismissed
On 12 August 2024, the President of the GCEU dismissed a request for an interim measure suspending dawn raids ordered by the EC in terms of the FSR.
European Commission publishes evaluation on the EU antitrust enforcement framework
On 5th September 2024, the European Commission (“Commission”) published a staff working document (“SWD”) summarising the main findings following an evaluation carried out into the workings of Regulation 1/2003 and Regulation 773/2004 (together the “Regulations”).
Supremacy of EU law: the Brussels Convention on the validity of a foreign jurisdiction clause
On 25th April 2024, the CJEU, composed of Judges P.G. Xuereb, A. Kumin and I. Ziemele, in Joined Cases C-345/22, C-346/22 and C-347/22 in the names Maersk A/S v Allianz Seguros y Reaseguros SA and Mapfre España Compañía de Seguros y Reaseguros SA v MACS Maritime Carrier Shipping GmbH & Co ruled,...
Legislative Amendments made to the Insurance PCC Regulations
On 30th August 2024, Legal Notice 201 of 2024, (The Companies Act (Cell Companies Carrying On Business Of Insurance) (Amendment) Regulations, 2024) (the “PCC Amendment Regulations”) was published in the Malta Government Gazette.
The exchange of information between credit institutions could constitute a restriction of competitio
In a request for a preliminary ruling, made in proceedings between several credit institutions and the Competition Authority in Portugal concerning the latter’s decision to impose a fine on those credit institutions for an infringement of national competition law and of Article 101 TFEU, the...
The view of Malta as a financial services centre remains positive
Malta continues to be a strong contender as a financial services hub, supported by a robust regulatory framework and proactive international market engagement, despite challenges in human resources and operations.
CJEU confirms when compensation for recovery costs is due under Late Payments Directive
The CJEU, in delivering a ruling in the case of Skarb Państwa – Dyrektor Okręgowego Urzędu Miar w K. vs. Z. sp.j. on 11th July 2024, considered the applicability of Article 6(1) of Directive 2011/7/EU on combating late payment in commercial transactions (recast), (the "Late Payments Directive").
The assessment of ‘floor’ clauses in loan agreements
On 4 July 2024, in the case of Caixabank SA & others v Asociación de Usuarios de Bancos, Cajas de Ahorros y Seguros de España & others, the ECJ issued a ruling regarding the legality of so-called ‘floor’ clauses in loan agreements, & whether consumers concerned should be entitled to reimbursement...
The impact of a ship arrest on contractual obligations of a time charterparty agreement
On 15th March 2024, the First Hall of the Civil Court delivered its judgement on the case of ‘Mediterranean Samac Company Limited and La Valletta BTZ Trading Limited vs. Harbour Fuels Limited within which the plaintiff companies were the co-owners of the vessel ‘Sun Oil I’ and engaged in judicial...
The CJEU on the principles of equal treatment and transparency in public procurement procedures
In the case C-737/22, the applicant, Staten og Kommunernes Indkobsservice A/S brought a case before the High Court of Eastern Denmark against BibMedia A/S.
Post-termination non-compete clauses in employment contracts
On April 23, the US’ Federal Trade Commission published the final version of a rather controversial new rule, which will introduce a nationwide ban on the use of post-termination non-competition clauses by employers.
The battle between Malacalza and the European Central Bank
In the case T-134/21, Malacalza Investimenti Srl and Vittorio Malacalza , shareholders of the Italian bank, Banca Carige, brought a case before the General Court of the Court, seeking compensation for unlawful conduct of the ECB in exercise of its supervisory functions of Banca Carige.
The dynamics of multi-generational family businesses
Family businesses, often spanning generations, possess a unique dynamic that necessitates special attention and care.
Anti-money laundering in Malta
Ganado Advocates has re-contributed the Malta chapter in the 2024 edition of the International Comparative Legal Guide to Anti-Money Laundering
Artificial intelligence in Malta
Ganado Advocates has contributed the Malta chapter in the 2024 edition of the Chambers Artificial Intelligence Global Practice Guide.
Publication of the Malta Financial Services Authority Act (Digital Operational Resilience Act (DORA)
As the date of application of Regulation (EU) is drawing closer, on the 16th July, 2024, a Legal Notice implementing the relevant provisions of the Regulation into Maltese law was published in the Malta Government Gazette.
ESMA publishes Report on Suspicious Transaction and Order Reports (“STORs”)
Today, ESMA has published its Annual Report on STORs, which aims at providing the market with insight over the use of STORs in different EU jurisdictions, and how this key information tool has evolved over time considering the Market Abuse Regulation regime.
CJEU annuls resolution board’s decision due to lack of transparency
On the 8th of May 2024 following an action for annulment by German credit institution Max Heinr. Sutor OHG, the General Court annulled a decision by the Single Resolution Board (“SRB”) in regard to the setting of 2021 contributions to the Single Resolution Fund.
The CJEU Rules on the Obligation of Traders when Online Contracts are concluded
On the 30th of May 2024, the CJEU laid down its preliminary ruling in the case of VT and UR v Conny GmbH[1], concerning the interpretation of Directive 2011/83/EU as to the conclusion of distance contracts concluded by electronic means.
Competition Law and Labour Markets – EU Commission Looks at Wage-Fixing and No-Poach Agreements
In recent years, competition authorities in the US have focused quite heavily on tackling anti-competitive practices in labour markets, and have taken several actions on this front.
No cutting corners in state aid assessment
On 14 June 2024, in ‘European Commission vs Kingdom of the Netherlands’ the ECJ had, for the first time ever, to decide a dispute as to whether the European Commission must assess and verify the existence of state aid, prior to deciding on the measure’s compatibility with the Internal Market.