Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 865E
865E. (1) A warrant may be demanded and obtained before the
Court of Magistrates (Malta) or before the Court of Magistrates
(Gozo) in its inferior jurisdiction or before the First Hall of the
Civil Court in security of a debt or any other claim whatsoever
subject to the following limitations:
(a) aircraft:
(i) in all cases the amount of the claim must not be
for less than seven thousand euro;
(ii) in case of an aircraft being used for public air
transport of passengers or goods:
(aa) for aircraft permitted to carry less than ten
passengers, the claim must not be for less
than two hundred and fifty thousand euro;
and
(bb) for aircraft permitted to carry more than ten
passengers the claim must not be for less
242 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
than one million euro;
(b)e n g i n e s :
(i) if the engine is not attached to the aircraft the
claim must be for not less than seven thousand
euro;
(ii) if the engine is attached to an aircraft referred to
in paragraph ( a)(ii)( aa) the claim must not be
for less than fifty thousand euro;
(iii) if the engine is attached to an aircraft referred to
in paragraph ( a)(ii)( bb) and the engine is not
owned by the owner of th e aircraft, the claim
must not be for less than one hundred thousand
euro; and
(iv) if the engine is attached to an aircraft referred to
in paragraph ( a)(ii)( bb) and the engine is owned
by the owner of the aircraft, the claim must not
be for less than one million euro.
(2) The limitations on the amount of the claim stated in this
article do not apply to:
(a) any claims made by holders of a mortgage or an
international interest or a security interest when such
mortgage or interest has been registered or is
recognized under Part IV or in accordance with Part VI
of the Aircraft Registration Act; or
(b) any claims made by holders of an international interest
for the repossession of an aircraft engine when such
interest has been registered in accordance with Part VI
of the Aircraft Registration Act.
(3) In this article reference to the amount of the claim is a
reference to the principal due and no reference shall be made t o any
interest accrued or accrui ng or to other costs.
Statement to be
contained in
application.
Added by:
VIII.2010.61.
Substituted by:
LII.2016.35.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.