Gianluca Cappitta

GIANLUCA CAPPITTA

Senior Associate

T: (+356) 27 237172

E: gcappitta@mifsudadvocates.com.mt

Languages: English and Maltese

Gianluca graduated as an advocate in 2014 and was warranted to practice law in 2015. He joined Mifsud & Mifsud Advocates as an associate in 2015 after three years of training within the firm. Apart from litigation and provision of legal advice, Gianluca is primarily tasked with handling immigration work, vetting of contracts and the carrying out of prosecution services at Local Tribunals.

Gianluca has extensive experience in the financial services industry and has held the position as a Legal & Compliance Officer for a local leading insurance and investment services company. He holds a Diploma in Financial Services Operations and Compliance.

Professional Memberships

World Link for Law Malta
IT Law Association

Publications

LL.D. Thesis: Digital Rights – Balancing the legal rights of different stakeholders on the internet

AREAS OF SPECIALISATION

Debt Collection

A company’s credit management is one of the essential elements of a successful commercial activity. It is therefore crucial for creditors to obtain the right advice at the right time in order to protect debts due to them. The number of court cases dealing with debt collection has diminished drastically over the years as the use of judicial letters proved to be incredibly useful in the saving of both time and money. In fact, when the debt is decisive and clear, the creditor may make claims for amounts not exceeding €23,300 as per Article 166A of the Code of Organisation and Civil Procedure. Otherwise, Article 253 allows judicial letters to be filed for unlimited outstanding debts. Court cases before the Superior Courts may be instituted where the amounts due vary and are not liquidated.

Immigration

A small Island in the middle of the Mediterranean Sea, boasting a year round warm climate, scenic views and a kind-hearted friendly nation makes Malta an attractive place for any tourist to visit. It is however also becoming an increasingly popular choice for residency, given the various opportunities, schemes and tax benefits Malta has to offer to both EU and non-EU citizens.

Intellectual Property

Malta’s legislation for the protection and enforcement of Intellectual Property rights has been recently reinforced with the influx of EU legislation on the matter coming in with Malta’s accession to the EU in 2004.

Telecommunications and IT

Malta is fast becoming one of the leading jurisdictions in the world when it comes to the development of technology in the IT and Telecommunications sectors. The introduction of the Smart City Project attracted the industry’s main stakeholders to our Island, as here they have found the ideal ICT hub from which they may provide services to the European and Mediterranean region.

Sports and Entertainment

Sports and Entertainment are two ever-growing industries in Malta and issues cropping up in relation to them are effectively catered for by a number of rules and regulations, including the Sports Act (Chapter 455 of the Laws of Malta) enacted in 2009. With respect to the Entertainment Industry, Malta has not only ratified a Co-Production Treaty with Canada but it has also entered into the European Convention on Cinematographic Co-Production, by means of which Malta managed to effect a number of bilateral Co-Production Treaties with the rest of the European Member States, amongst others.

Insurance

Malta’s pro-business regulatory environment coupled with a wide network of Double Taxation Agreements and European passport rights, introduced with Malta’s accession to the EU, has led to a huge growth in Malta’s insurance sector.

Real Estate and Development

Malta’s steady growth in various sectors such as iGaming and Blockchain services has contributed substantially in establishing a real estate market as one of Malta’s economic building blocks. The legal team at Mifsud & Mifsud provide a comprehensive industry-specific experience and knowledge on all aspects relating to real estate transactions in Malta, including regulations on transfers of property, leases, condominia, contracts of works and financing of immovable property in Malta

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