Issue link: https://maltatoday.uberflip.com/i/1540988
CAN Europe afford to ignore mental health? Every October, we pause briefly to talk about mental health. But for millions of Europe- ans, this is not a one-day issue. It's daily life. It's the student afraid to leave her dorm room. The father who hasn't slept in weeks. The nurse who gives care but can't ask for it. This year's World Mental Health Day theme—mental health is a universal human right—shouldn't just resonate. It should ring alarm bells because the numbers tell a sobering story: One in eight peo- ple globally live with a mental health disorder. In Europe, nearly half of all citizens (46%), accord- ing to the June 2023 Eurobarome- ter, say they've experienced emo- tional or psychological distress in the past year. And among those who have struggled, more than half did not receive professional help. The pandemic pulled back the curtain on something many al- ready knew. Isolation, financial strain, and fear created a perfect storm. But the storm didn't pass. Even now, long waiting lists, un- derfunded services, and stigma keep people from getting the care they need. The cost? Not just emotional. It's economic, too. According to the latest available data, mental health issues cost the EU over €600 billion every year, which is more than 4% of our GDP. That's productivity lost, sick days taken and lives derailed. Citizens across the EU are speaking up. We increasingly read about the plight of young people across Europe who are facing issues such as burnout and struggling with mental health problems. They reflect the hidden human cost behind the data— the pain that doesn't show up in spreadsheets but in lives inter- rupted and futures put on hold. And yet, even as awareness grows, the gap between need and access remains wide. Mental healthcare is still a post- code lottery. Geography, income, or even age can decide whether someone gets help, or doesn't. That's why the EPP Group is pushing for a new approach. One that places mental health where it belongs: at the heart of EU policy- making. Back in 2023, we advocated for the establishment of a dedicated committee on public health. That was just the beginning. Today, this committee works closely with the European Commission and leading experts to gather data, shape strategy, and hold institu- tions accountable. Better data means earlier de- tection. Earlier detection means better outcomes. But it's not just about numbers. It's about people, especially young people. Europe's youth face unprecedented levels of stress, anxiety, and depression. The EPP Group is calling for men- tal health education in schools, more support for teachers and families, and fast-track access to care for young people both inside and outside education systems. We also believe mental health services must be affordable and easy to access. That means more investment, yes. But it also means smarter investment: in train- ing, research, prevention, and cross-border cooperation. No one should be left behind because they live in the wrong country or can't afford the right therapist. Mental health policy cannot be treated as a side issue. It is the foundation of a healthy, produc- tive, and resilient Europe. So, can Europe afford to invest in men- tal health? The truth is, we can't afford not to. A stronger Europe begins with healthier minds. Let's make mental health a right, not just in words, but in action. DISPUTES linked to several legal systems before the Maltese Courts have become more common due to the extent of inter- national trade. Parties to a contract may choose the governing law. Yet without a clear contractual provision the Court will have to discern from the intent of the par- ties at the time of the contract, which Law is applicable. This issue was dealt with in a judgment delivered by the Court of Appeal in the case of Malta Fishing Trading Limit- ed vs Al Safa Fishing Joint Stock. The dispute centred on Malta Fishing Trading Limited's claim against the Liby- an fishing company Al Safa Fishing Joint Stock for an unpaid debt of €1,575,653. This sum arose from financing agreements for three tuna-fishing vessels purchased between 2005 and 2007 for operations in international waters. The vessels were ac- quired from various sellers and financed through contracts involving French in- vestors. These arrangements included bareboat charters and clauses allowing re- possession or compensation if loans were unpaid. In 2019 the French investors as- signed their rights to Malta Fishing Trad- ing Limited, which company then sought to recover the debt due to it by transferring the vessels in their name. The defendants contended that the plaintiff lacked standing to sue, arguing that the assignment of rights from the original financiers had not been properly notified under Article 1475 of the Maltese Civil Code, which requires notification via a judicial act for validity against the debt- or. In response, the plaintiffs asserted that Maltese law did not govern the contract, as the contract concluded between the rel- ative parties envisaged the application of French law, under which a simple notifica- tion letter sufficed. Such a letter was sent to the defendants. The First Hall of the Civil Court exam- ined the assignment contract and noted the absence of an explicit choice-of-law clause designating French law. The plain- tiffs highlighted that the contract was drafted in French and referenced specific articles of the French Civil Code, under- scoring the parties' intent to be governed by French Law. However, the court disa- greed, ruling that since the contract was concluded in Malta, Maltese law applied. Consequently, as the assignment was not notified through a judicial act as required by Maltese provisions, the plaintiffs' rights were unenforceable. The plaintiffs appealed to the Court of Appeal, arguing that the lower court had erred in its assessment of the applicable law. They pointed out that the contract explicitly referenced Articles 1321 to 1326 of the Civil Code, provisions that, under the Maltese Civil Code, pertain to matri- monial regimes and have no relevance to contracts of assignment of rights. In con- trast, the equivalent articles in the French Civil Code directly address the assignment of rights, making it evident that the parties intended French law to apply. The Court of Appeal concurred with this interpre- tation. The Court emphasised that under the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial mat- ters, the determination of the applicable law requires evaluating the parties' intent through the contract's terms and over- all context. The Court of Appeal further quoted the Giuliano-Lagarde Report on the Convention on the Law Applicable to Contractual Obligations which stated that: "the possibility that the Court may, in light of all the facts, find that the parties have made a real choice of law although this is not expressly stated in the contract. […] Similarly references in a contract to spe- cific Articles of the French Civil Code may leave the court in no doubt that the parties have deliberately chosen French law, al- though there is no expressly stated choice of law" The Court found that such reasoning was directly applicable to the case at hand and hence concluded that choice of law is conferred from its context. It was conclud- ed that there was no doubt as to the par- ties' intent to be regulated by French Law. The Court further held that the notifica- tion of assignment of rights via letter com- plied with French Law thereby validating the assignment and granting the plaintiffs the right to enforce the debt against the defendants. The Court of Appeal found in favour of the plaintiffs. Lawyers Cedric Mifsud and Charlene Gauci Baldacchino represented the plain- tiffs. 8 maltatoday | SUNDAY • 2 NOVEMBER 2025 OPINION & LAW Court of appeal upholds French law in €1.5 million tuna vessel debt dispute Citizens across the EU are speaking up. We increasingly read about the plight of young people across Europe who are facing issues such as burnout and struggling with mental health problems ANDREW DRAGO Breaking the silence on mental health Tomislav Sokol & Peter Agius EPP MEPs and members of parliament's Committee on Public Health Trainee lawye Mifsud & Mifsud Advocates The Court found that such reasoning was directly applicable to the case at hand and hence concluded that choice of law is conferred from its context