Are group or “class” actions available for pursuing environmental claims, and are penal or exemplary damages available?
Class Actions are generally not allowed under Maltese law; however an exception is made with regard to the Environment Protection Act and its subsidiary legislation. Any natural or legal persons may request the competent authority to take action to prevent or remedy the environmental damage. Moreover, there is nothing to stop a class action if the parties’ respective actions are connected to the subject matter, or if the decision of one of the actions might affect the decision of the other action and the evidence in support of one action is generally the same as that to be produced for the other actions (Code of Organisation and Civil Procedure Sect. 161(3)). Penal damages in the sense of punitive damages are not allowed in Maltese law as a matter of public policy. Exemplary damages, in the sense of confiscation of the corpus delicti or of an administrative fine being imposed, are available. These types of recoverable damages are contemplated as has been said above with regard to contr
