MALTA Law and Practice Contributed by: Antoine Cremona, Clement Mifsud-Bonnici and Chiara Frendo, Ganado Advocates
they are not sold and are to be concurrently kept in business. If this warrant is upheld, a court- appointed administrator would oversee the busi- ness at the cost of the plaintiff. Pursuant to, and by virtue of Regulation (EU) No 1215/2012, provisional measures can be sought in Malta in support of proceedings being heard in another EU member state. In this instance, such measures will only have territorial effect. If, on the other hand, Maltese courts have juris- diction over the main lawsuit, any provisional and protective measure sought in Malta is auto- matically recognised and can be enforced in any other member state. The Code of Organization and Civil Procedure separately allows provisional measures to be sought in Malta in support of international arbi- The plaintiff is bound to bring an action on the merits of the claim within 20 calendar days from the date the precautionary warrant is issued by the court. Some of these interim court measures may be subsequently converted into an executive court measure once the title becomes final and defini- tive by virtue of the court’s final ruling in the rel- evant merits-based proceedings (res judicata). The interim order will remain in force until the judgment in the relevant merits proceedings is either confirmed or set aside. There are also injunctive measures provided for under specific laws. In the realm of intellectual property law, for instance, the court has wide powers to order the conservation of evidence in the hands of the defendant or third parties, tration proceedings. Bringing an Action
and even to issue a ‘“cease and desist’” order, restraining the performance of an act likely to infringe a party’s intellectual property. 4.2 Early Judgment Applications When a claim is solely for the recovery of a debt that does not exceed EUR25,000 and is certain, liquid and due, the creditor may file a judicial let- ter instead of a lawsuit, accompanied by a con- firmation on oath stating clearly the cause of the claim, the reasons it should be upheld, and the facts. The letter must warn the debtor that if they do not contest the claim within 30 days from service, then the judicial letter will constitute an executive title, without the need for a trial. Maltese procedural law also provides for spe- cial summary proceedings in certain instances, particularly when a claim is solely for the recov- ery of a debt that is certain, liquid and due (and which falls within the jurisdiction of the Superior Courts), or for the eviction of a person from an urban or rural tenement. In these cases, the plaintiff may request, in its sworn application, that the court proceed to give judgment without proceeding to trial. The sworn application must contain a sworn dec- laration that the plaintiff believes that there is no defence to the claim. If, at the hearing, the defendant does not make an appearance or fails to satisfy the court that they have a prima facie, defence to the action on the merits, the court will proceed to judgment in summary proceedings. 4.3 Dispositive Motions Prospective defendants may ask for a case to be dismissed before a full trial, most commonly in the following instances: • where there is a lack of juridical interest of either the plaintiff or the defendant;
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