🇲🇹 Malta

1. The status of digitalisation in enforcement of the judgments under the regulation in

question (a) under EOP Regulation, and (b) under EEO Regulation

As of now, Malta does not have a specific digital platform dedicated to the enforcement of judgments under EOP and EEO Regulations. The enforcement procedures for these instruments continue to follow traditional methods, primarily involving physical documentation and in-person processes. However, Malta has been actively pursuing the digitalization of its justice sector to enhance efficiency and accessibility. In 2020, the Ministry for Justice, Equality and Governance initiated the development of a comprehensive Digital Justice Strategy, aiming to coordinate past and future IT initiatives in line with European best practices. This strategy focuses on transitioning from paper-based systems to electronic ones, thereby improving the overall efficiency of judicial processes.

Procedural aspects

2. Competent court or authority and procedure involved in the enforcement (a) under EOP

Regulation, and (b) under EEO Regulation

The First Hall of the Civil Court is responsible for the enforcement of foreign judgments and orders under EU Regulations 5 .For the enforcement of EOPs the creditor must submit the EOP judgment alongside the certificate of enforceability (Form E), issued by the court of origin, and any required supporting documents. For the enforcement of judgments certified as EEOs under EEO Regulation creditors must present the EEO certificate (Form I), issued by the originating Member State, alongside the judgment and other relevant documents. These documents must be in Maltese or English or accompanied by a certified translation. Once verified, the judgment is treated as a domestic judgment, and enforcement measures may include garnishment, asset seizure, or other remedies under Maltese procedural law. The procedure is governed by the COCP (Chapter 12 of the Laws of Malta).

3. rules on service

Service is carried out by the Court Marshal under the supervision of the First Hall of the Civil Court. If the EEO judgment or certificate is not in Maltese or English, a translation must be provided for effective service. Service is typically effected through personal delivery to the debtor's address or via registered mail with acknowledgment of receipt. Maltese law requires that proof of service be provided, usually in the form of an affidavit or acknowledgment signed by the recipient. Costs for service are determined by the procedures outlined in the Schedule A (Tariff A) of the COCP 7 . For or every notification of an act of procedure, including expenses incurred in the execution of such notification, the following fees shall be due: - registry fee is €6.00; - fee due to the executive office reffecting the service is €1.20. Provided that if service is to be effected outside normal working hours, the above fees shall be increased by 100%. If such notification is made to the party's legal consultant within the Court building, the fee due is €2.33 for the full service. If the notification of any act is to be executed personally by an executive officer of the Court, in cases where the law permits that service be effected otherwise, the following additional fees shall be due for each notification: - registry fee is €25; - fee due to the executive officereffecting the service is €7.

4. Language of the certificate and documents to be appended

In Malta, the official languages are Maltese and English. Both are used within the judicial system. Consequently, for the enforcement of judgments under the EOP and EEO translations to one of these languages have to be provided, unless the original order is already in one of these languages (Art. 21(2)(b) of EOP Regulation, Art. 20(2)(c) of EEO Regulation).

5. enforcement fees

The specific fees and rules for enforcing EEOs and EOPs through the First Hall of the Civil Court in Malta are detailed in the Schedule A (Tariff A) of the COCP 10 . Filing Fees: - For claims under €2,500 the fee is €90. - For claims between €2,500 and €3,500 the fee is €150. - For claims exceeding €3,500 the fee is up to €250, depending on the claim amount. The service of documents by the court marshal or other enforcement mechanisms incurs additional fees, specified in the execution-related sections of the tariff. Where a translation is required into Maltese or English, fees depend on the length and complexity of the documents. Payments are typically made in cash at the court registry. The COCP also accommodates payments through bank transfers or other electronic methods, depending on the court's facilities. A receipt is provided for any payment made, ensuring proper documentation for the filing and enforcement processes.

6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question in

the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

The First Hall of the Civil Court in Malta is the competent authority to handle these matters. The procedure is governed by the COCP (COCP). If enforcement is refused (e.g., due to irreconcilability with a prior judgment), the creditor is prevented from proceeding with the enforcement of the respective EEO or EOP in Malta. The decision does not invalidate the EOP or EEO itself, but limits its enforceability within Maltese jurisdiction. If enforcement is stayed due to a pending review in the issuing Member State, the enforcement process is temporarily halted. No further enforcement actions (such as seizure of assets) can be carried out until the stay is lifted. The court may limit enforcement to specific assets or actions, depending on the circumstances, ensuring that enforcement is proportionate and respects any ongoing legal challenges.

7. Availability of any legal aid for guidance on the enforcement procedures under the

regulation in question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

In Malta, individuals seeking guidance on enforcement procedures may be eligible for legal aid. Legal Aid Malta 11 provides assistance to residents and foreigners who require support in civil and commercial matters, including cross-border cases. Applicants must undergo means and merits testing to determine eligibility, ensuring that aid is directed to those with genuine need and a reasonable chance of success in their case. For cross-border disputes, Legal Aid Malta serves as the receiving central authority, facilitating applications for legal aid from other EU countries. This support encompasses guidance on enforcement procedures under both the EOP and EEO Regulations.

8. Critical assessment of the enforcement procedures under the regulation in question in the

intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

The enforcement procedures under EOP Regulation and EEO Regulation in Malta align with EU frameworks, but could benefit from some improvements. Enhancing digitalization by creating online platforms for submitting and managing inter alia EOP and EEO cases and enforcement cases would increase efficiency and accessibility. However, more precise and up-to-date information on enforcing EOPs and EEOs in Malta is necessary. The EU Justice Portal lacks clear, translated, and user-friendly guidance on these procedures, which creates challenges, especially for non-Maltese residents unfamiliar with Maltese legislative sources like the Code of Organization and Civil Procedure (COCP). National enforcement rules apply generally to all judgments, making it difficult for external users to navigate EOP and EEO enforcement procedures specifically. Improved accessibility and clarity of procedural information are critical for effective cross-border justice.