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The News

Data Protection Day

28 January 2011. The EU and all Member States marked Data Protection Day, on 28th January 2011. This year, data protection day coincided with the 15th anniversary of the EU's data protection Directive (of 1995) and with the 30th anniversary Council of Europe's Convention on data protection. In Malta, for example, the Government held a conference at the Mediterranean Conference Centre, to mark the occasion.

Also in connection with Data Protection, the EU has created and launched an entertaining video clip that, humour aside, conveys a good message. To view the 50-second video click here.

Inapplicability of 469A COCP (Courts of Justice, Malta)

18 January 2011, Valletta (Ref: 901/2009, First Hall of the Civil Court). Plaintiff, a tourist coach operator, instituted proceedings under art. 469A of the Code of Organisation & Civil Procedure (COCP, Cap. 12 of the Laws of Malta), after Transport Malta (TM) terminated a contract whereby a concession to operate a particular service on particular routs had been granted. The defending government entity claimed, amongst other things, that 469A COCP was not applicable in the present case.

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Court rules in favour of fiscal certainty (Court of Appeal, Malta)

27 January 2011, Malta (Ref: Appell Civ. 17/2009). The Commissioner of Value Added Tax (VAT) appealed from a ruling of the VAT Appeals Board, which had ruled that an assessment made under art. 32 of the VAT Act (Laws of Malta, Cap. 406) was made out of time.

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CFA's found to breach article 10 (ECHR)

18 January 2011, Strasbourg. Ref 39401/04. The Court ruled that provisions in English procedural law, allowing solicitors and barristers  to agree on charging a ‘success fee’ often amounting to close to 100% of expenses, to amount to a breach of article 10 (right to freedom of expression).

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Dispute over fees and charges (EU Ombudsman)

24.01.2010, Strasbourg. Summary of decision on complaint 1182/2009/(BU)JF against the European Aviation Safety Agency (EASA)

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Right to practice one's beliefs under one's own roof

18 January 2011, United Kingdom. The owners of a bed and breakfast were fined for refusing a double room to a gay couple. The owners of the b&b claimed that this refusal was not aimed at gays, but was applied in regard to all unmarried couples, including heterosexual. This policy was based on their Christian beliefs. The Judge gave them leave to appeal.

 For more info click here