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Court Notices published in the Government Gazette 20,180 of 30th April 2019

Date Icon 30/04/2019

Notice 638

638
By means of a decree, given by the First Hall Civil Court, on the 23rd April, 2019, in the records of the Application in the names Commissioner for Revenue vs Alain Di Duca, Application number 247/19 SM, the following publication was ordered for the purpose of service of the respondent Alain Di Duca, in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application, filed in the First Hall Civil Court, in the names Commissioner for Revenue vs Alain Di Duca, on the 8th March, 2019, the applicant Commissioner for Revenue respectfully pleaded:
That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State’s territory, and other measures;
That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012, and permits the Minister responsible for Finance, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;
That in terms of the mentioned Directive, the French competent authority, otherwise the applicant authority, has made a claim for assistance to the applicant Commissioner for Revenue, acting on behalf of the Minister responsible for Finance, so that the applicant recovers tax that is owed to the applicant authority;
That the respondent owes tax to the French applicant authority in the amount of thirty thousand two hundred fifty-seven euro (€30,257) as results from the Uniform Enforcement Instruments here attached and marked as Doc. A, together with interest due by law;
That the respondent has been indicated as being registered in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Commissioner for Revenue in terms of Article 9 of the mentioned Legal Notice;
That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;
That, furthermore, the respondent company has a right to a translation of the same document Doc. A into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. B to inform the respondent that it may request the mentioned translation within seven (7) days of service of same document.
To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. A and Doc. B be served upon the respondent company according to Cap. 12 of the Laws of Malta, and in the second place to order the registration of the same Doc. As an official copy, so that the said document constitute executive title.
List of documents: 
Doc. A: Uniform Enforcement Instrument issued by the requesting authority of France
Doc. B: Document that informs the respondent company of its right to request a translation of Doc. A annexed here
Applicant: Commissioner for Revenue, Inland Revenue Department, Floriana FRN 0170
Respondent: Brasilia Court, Flat 3, Dawret it-Tunnara, Mellieħa MLH 4215
 ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
29 April 2019

Notice 639

639
By means of a decree given by the Civil Court First Hall, on the 4th October, 2018, in the records of the Sworn Application in the names Grima Jonathan vs Borg Shawn, Application Number 711/16 GM, the following publication was ordered for the purpose of service of the party called into the cause Claire Zammit, in terms of Article 187(3) et sequitur of Cap.12.
By means of a Sworn Application, filed in the First Hall Civil Court, in the names Jonathan Grima (ID 313070M) vs Shawn Borg (ID 437291M) and by decree of the 30th April, 2018, the applicant Jonatham Grima (ID 313070M) asked the respondent to state why this Honourable Court should not:
1. Declare that the respondent is causing damage in the applicant’s property due to the water that is seeping from the water drain pipe and surroundings which is common to the block of apartments with the name Da Rosi Court;
2. Order the respondent to carry out those works and all necessary repairs in order that no further damages is caused in the applicant’s property due to this drain pipe and uphold the other requests in the application.
With costs, as demanded in the application against the respondent summoned so that a reference to his evidence be made
The Sworn Applicationm in the names Grima Jonathan vs Borg Shawn, Application Number 711/16 GM, has been deferred for hearing to the 7th May, 2019, at 11.00 a.m.
Applicant: 96/4, Triq il-Kapuċċini, Floriana
Party called into the cause: Da Rosi Court, Vjal il-Qalb Imqaddsa, St Julian’s 
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
29 April 2019

Notice 640

640
It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 25th of April, 2019 (Application number 42/2019JVC) Maria Atzori pro et noe requested the opening of the succession of Louis sive Lewis Atzori, son of the late Carlo Filiberto and Maria Assunta née Vella, born in Tal-Pietà, Malta and who used to reside in Qala, Gozo, and who died in Oristano Arborea in Italy, on the 1st of July of the year two thousand and six (2006), intestate, and which opening of succession is to be made ex lege in favour of his wife Mary Atzori and his son Aaron Atzori as to one half (1/2) undivided share each.
Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns. 
DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals
25 April 2019