Can cargo owners claim compensation for goods damaged in transit?
- 16.07.2026
I obtained a court judgment against a shipping company based in Malta through legal proceedings in another country, and I now want to actually enforce that judgment against the company’s assets in Malta. Is this something Maltese courts would actually recognise and allow?
Whether a foreign judgment against a Maltese company can be recognised and enforced in Malta depends significantly on which country the judgment was obtained in and what specific legal framework governs recognition between that country and Malta, since if the judgment was obtained in another EU member state, the Brussels I Recast Regulation (EU Regulation 1215/2012) generally provides a streamlined framework for recognition and enforcement without needing to relitigate the underlying merits, whereas judgments from non-EU countries would generally need to be assessed under different rules, potentially including specific bilateral treaties Malta may have with that country, or under general principles of Maltese private international law governing recognition of foreign judgments where no specific treaty framework applies. The practical enforcement process would generally involve formally applying to the competent Maltese court for recognition and enforcement of your foreign judgment, supported by the required documentation, and once properly recognised, the judgment could then be enforced against the shipping company's assets in Malta using standard Maltese enforcement procedures, similar to enforcing a domestic Maltese judgment, including potentially the arrest of any vessels the company owns if that becomes relevant to enforcement. Given the genuine complexity of cross-border judgment enforcement, which varies significantly depending on the originating jurisdiction, it would be important to engage a Maltese lawyer experienced in cross-border enforcement to properly assess your specific situation and guide the recognition and enforcement process.
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