538 COMPETITION LAW IN TOURISM the Civil Courts of Malta shall have jurisdiction to try and determine all actions, without any distinction or privilege, concerning the persons hereinafter mentioned: Any person, in regard to any obligation contracted in favour of a citizen or resident of Malta or of a body having a distinct legal personality or association of persons incorporated or operating in Malta, if the judgment can be enforced in Malta. According to the above provision, since all the four carriers operated, and still do, from and toMalta, then, the claim raised by FATTA could also be adjudicated and enforceable in Malta. Furthermore, the Court further emphasized the fact that it had jurisdiction as a result of Article 7(1) (a) (b) of the European Union Regulation 1215/2012 whereby a domiciled person in a Member State could be sued in another Member State contemplating that: (a) in matters relating to a contract, in the courts for the place of performance of the obligation in question; (b) for the purpose of this provision and unless otherwise agreed, the place of performance of the obligation in question shall be: – in the case of the sale of goods, the place in a Member State where, under the contract, the goods were delivered or should have been delivered, – in the case of the provision of services, the place in a Member State where, under the contract, the services were provided or should have been provided. 9. THE DECISION CONCERNING THE PRELIMINARY PLEAS RAISED BY IATA Thus, concerning IATA’s first plea that FATTA did not have juridical standing, nor a direct interest to file this case regarding the commission payable by defendant airlines, the Civil Court upheld that FATTA, as representative of travel agents, did have an interest in filing this case and consequently to file an action against those carriers which, in the Civil Court’s opinion, were in breach of an agreement signed between the air carriers and the travel agents. More importantly, the Civil Court concluded and decided that IATA was to remain party to the proceedings and, consequently, not deemed extraneous to the PSAA which IATA facilitated between its member airlines and accredited travel agents. In this regard, the judgements are deemed as landmark judgements
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