Code of Organization and Civil Procedure (Cap. 12), article 742H

742H. (1) An action in rem may be brought against the relevant aircraft engine before the civil courts of Malta on a claim mentioned in article 742G when: (a) the claim arises in connection with that aircraft engine; (b) the person who would be liable on the claim for an action in personam ("the relevant person") was, when the cause of action arose, the owner or lessee of, or in possession or in control of the aircraft engine, if at the 206 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE time when the action is brought the relevant person is either an owner or beneficial owner of that aircraft engine or the lessee of that aircraft engine under a dry lease agreement; and (c) the relevant threshold for the issue of a warrant of arrest of the aircraft or seiz ure of an aircraft engine as provided in article 865E is satisfied. (2) Notwithstanding the provisions of the previous sub-article, in the case of a claim in terms of article 742E(1)( e) in respect of an aircraft engine, an action in rem may be brought before the civil courts of Malta against the aircraft engine only if, at the tim e when the action is brought, it is beneficially owned by the person w ho would be liable on the claim in an action in personam . Party against whom counter- claim is set up, subject to jurisdiction of the courts of civil jurisdiction. Amended by: XXIV .1995.285.