Code of Organization and Civil Procedure (Cap. 12), article 741

741. It shall be lawful to plead to the jurisdiction of the court - (a) when the action is not one within the jurisdiction of the courts of Malta; (b) when the action, although one within the jurisdiction of the courts of Malta, is brought before a court different from that by which such action is cognizable: Provided that if the court considers that the plea is justified, the court shall by a decree in camera , which shall not be subject to appeal , order that the acts of the proceedings be transferred to the court, board or other tribunal by which it considers that such action is cognizable: Provided further that if the court, board or other tribunal to which the acts of the proceedings are transferred considers that it is not vested with jurisdiction to take cognizance of the action transferred to it, the court, b oard or other tribunal shall within ten days from the receipt of the acts of the 200 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE proceedings or from the first hearing of the action before it transmits the acts of the proceedings to the court of appellate jurisdiction entitled to take cognizance of appeals from judgments of the court, board or other tribunal which court shall within thirty days and by a decree in camera determine by which court, board or other tribunal such action is cognizable; (c) when the privilege of being sued in a particular court is granted to the defendant. (d) Any reference to a "court" in the first sentence and in paragraph (b) of this article shall be deemed to include a r e f e r e n c e t o a B o a r d o r T r i b u n a l e s t a b l i s h e d b y l a w , s o however that when a cause is commenced before a Board or Tribunal it may also be transferred for hearing before a court in accordance with the provisions of paragraph (b) of this article. When a cause is transferred to be heard in front of the Court, Board or T ribunal in accordance with paragraph (b) the said Court, Board or Tribunal may give all orders and make provisio ns as necessary, subject to such conditions and time limits as appear to them to be appropriate, so that the hearing of the cause will proceed in accordance with the formal a nd procedural requirements, including those relating to the payment of fees, applicable before that Court, Board or Tribunal. Persons subject to jurisdiction of civil courts of Malta. Amended by: XXII.1976.4; VIII.1981.7. Substituted by: XXIV .1995.283. Amended by: III.2004.41.