Category: News

Transposition of the Mobility Directive – Guaranteeing a Company’s Right to the Freedom of Establishment

Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions (the “Mobility Directive”) aims to ensure the right of freedom of establishment of companies incorporated within the Union by harmonising the provisions applicable to cross border operations with a view to strengthening the single market, whilst protecting the rights of all stakeholders involved. As outlined […]

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ESMA issues Consultation Paper on the Manual on Post-Trade Transparency

On 19 January 2023, the European Securities and Markets Authority (“ESMA”) launched a public consultation relating to certain technical issues to allow for further guidance in its future manual on post-trade transparency. The consultation paper is aimed at entities subject to the post-trade transparency requirements and/or reporting such information – investment firms including SIs, trading […]

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Exclusion from future tenders due to your joint-venture partner default – European court clarifies position

The Court of Justice of the European Union (the “CJEU”) has recently opined on the exclusion from participation in future public procurement procedures of economic operators participating in a public contract as a group of economic operators / joint venture, where that contract is terminated early due to deficiencies by the group / joint venture. […]

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Predictable working conditions … at the cost of the freedom to contract?

Directive 2019/1152 on transparent and predictable working conditions (the “Directive”) was transposed into Maltese law on the 21 October 2022, pursuant to Transparent and Predictable Working Conditions Regulations (the “Regulations”).The purpose of the Directive is to provide additional protection and certainty to employees, through adequate information and protect workers in precarious jobs.Commissioner for Jobs and […]

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The EU Listing Act Package: Market Abuse Regulation to be revised

As previously reported, on 7 December 2022, the European Commission published the Listing Act package as part of the EU’s overarching efforts to further develop the Capital Markets Union. The Listing Act package aims at alleviating some of the regulatory burden inherent in listing, especially in so far as small and medium enterprises (‘SMEs’) are […]

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Amendments to Financial Incentives – the Start-up Finance Regulations and the Smart and Sustainable Grant Regulations

Overview On the 3rd of February 2023, the financial incentives administered by Malta Enterprise stipulated in the Start-up Finance Regulations (S.L 463.32) and the Smart and Sustainable Investment Grant Regulations (S.L 463.45) available to eligible beneficiaries have been respectively revised by the Start-up Finance (Amendment) Regulations, 2023 (“L.N. 19 of 2023”) and the Smart and […]

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Attention, tenderers! Exercise your remedies or accept all tender conditions

The Court of Appeal (the “Court”) has recently confirmed the Public Contracts Review Board’s (the Board”) decision to dismiss an application challenging a tender’s mandatory requirement on the basis that the requirement was not challenged through a remedy before the closing date for receipt of bids. [1]The appellant in this case was arguing that a […]

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The EU Listing Act Package: Prospectus Regulation to be revised

On 7 December 2022, the European Commission published a package of measures known as the Listing Act, with the overall objective of making capital markets more attractive by facilitating access to capital for small and medium-sized companies (SMEs).The Listing Act package forms part of the EU’s overarching efforts to further develop the Capital Markets Union. […]

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European Supervisory Authorities issue opinions on the European Sustainability Reporting Standards

 Following the entry into force of the Corporate Sustainability Reporting Directive (Directive (EU) 2022/2464) (“CSRD”) on the 5th January 2023 (an overview of which may be found in our previous article which may be accessed here: https://camilleripreziosi.com/news/new-corporate-sustainability-rules-for-large-and-listed-companies-enter-into-force-3/ ) attention now turns to the adoption of the first set of EU Sustainability Reporting Standards (“ESRS”) being […]

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