In recent years, Malta has witnessed a significant growth in the aviation industry, whilst reaffirming its market-leading stature in the maritime sector. Malta’s growing success in the aviation and maritime sectors has been coupled with continuous amendments to the legislative frameworks for both sectors, as well as the general laws applicable to such sectors, in order to ensure that the applicable laws remain relevant and in line with the exigencies of these sectors.
Specifically with respect to aviation, the Aircraft Registration Act (Chapter 503 of the laws of Malta) in 2010, as well as laws of general application such as the Code of Organization and Civil Procedure (Chapter 12 of the laws of Malta) and the Civil Code (Chapter 16 of the laws of Malta), have undergone certain key amendments allowing for a more comprehensive and coherent approach to aviation matters, including enforcement and insolvency issues. Moreover, the Maltese Government has also expressed an interest in the further development of the aviation industry in Malta, with a specific focus on aircraft leasing. Naturally, further legislative amendments are to be expected.
As for the maritime sector, recent legislative amendments to the main legislative frameworks governing the maritime substantiate the already extensive body of law on which this sector is based. Similarly to the aviation sector, amendments have been made to both substantive and procedural laws. The former relate mainly corporate matters – whereby certain amendments were made to the main legislative frameworks applicable to shipping, including in particular in relation to continuation of companies – whilst the latter facilitate the enforcement of security.
The Maltese tonnage tax regime was also amended in 2018, pursuant to Malta’s regulatory obligations under EU law. Several changes were deemed necessary and subsequently promulgated.
A landmark amendment applicable to both sectors relates to the introduction of the cell company structure, allowing for the ring-fencing of company assets through the creation of cells, as has been successfully employed in the business of insurance.
The intention of this course is to provide an account of the recent legislative amendments concerned with both the aviation and shipping industries, with the purpose of presenting a snapshot of the current position at law.
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Dr Steve Decesare joined the firm Camilleri Preziosi Advocates in 2007 and was admitted to partnership in 2018. Within the firm, he is responsible for inter alia maritime and aviation.
The firm’s maritime and aviation team advise clients on a broad spectrum of matters relating to the maritime and aviation sectors, including acquisition and registration of assets, financing and enforcement, both in Malta and outside of Malta.
The firm has a particularly strong portfolio of major international maritime and aviation financiers and lessors, advising them on the whole spectrum of ship and aviation finance related matters. Camilleri Preziosi has extensive experience in syndicated, bilateral, inter-creditor and subordination arrangements and other types of secured financing.
The firm also represents ship-owners, marinas, airlines and the only international airport in Malta. The team has advised on regulatory matters (including licensing), the acquisition of new-builds or used aircraft and ships, whether by way of purchase or through leasing or chartering, matters relating to crew and matters relating to registration.
Dr Krista Ellul, an associate, joined Camilleri Preziosi Advocates as a trainee in 2017. She forms part of the firm’s Regulatory, EU and Litigation practice group with her main practice areas being maritime and aviation law, competition and EU law and public procurement. Accordingly, Krista is actively involved in aircraft finance and ship finance as well regulatory matters relating to both industries.
Krista graduated with an LL.B. (Hons) from the University of Malta in 2016 and 2017 she graduated from the Master of Advocacy degree at the same university. Krista was admitted to the bar in 2018. In 2019, Krista successfully completed a Master of Law and Economics at Utrecht University after submitting her thesis entitled ‘If you can do it alone, then why partner up? A study on the limitations of competition law to secure the most successful outcome in competitive public tendering.’
Event resources for face to face events will be available online after the delivery of the event.
Event resources for online events will be sent by email after the delivery of the event.
Day 1: 02/12/2020
Start time: 14:00 CET
End time: 17:15 CET
Venue: Online Live Session
Phone: +356 27555560 / +356 77555560