ARTICLE
8 November 2018

Transfer Of Business Requirements Considered In Employment Related Dispute

MT
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Transfer Of Business Requirements Considered In Employment Related Dispute.
Malta Corporate/Commercial Law
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In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities.

Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage being the transfer of the undertaking from the original lessee to the owner and the second being the transfer from the owner to the new lessee.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
8 November 2018

Transfer Of Business Requirements Considered In Employment Related Dispute

Malta Corporate/Commercial Law
Contributor
Mamo TCV Advocates logo
Mamo TCV Advocates is one of Malta’s top-tier law firms, with significant depth and expertise across a broad range of practice areas. Mamo TCV has assisted clients in complex transactions and has become the preferred correspondent in Malta for some of the leading international legal firms.
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