Cap. 12 Art. 742HAction in rem in cases mentioned in article 742G.

(1) An action may be brought against the relevant in rem aircraft engine before the civil courts of Malta on a claim mentioned in article 742G when:

(a) the claim arises in connection with that aircraft engine;

(b) the person who would be liable on the claim for an action ("the relevant person") was, when in personam the cause of action arose, the owner or lessee of, or in possession or in control of the aircraft engine, if at the time when the action is brought the relevant person is either an owner or beneficial owner of that aircraft engine or the lessee of that aircraft engine under a dry lease agreement; and

(c) the relevant threshold for the issue of a warrant of arrest of the aircraft or seizure of an aircraft engine as provided in article 865E is satisfied.

(2) Notwithstanding the provisions of the previous sub-article, in the case of a claim in terms of article 742E(1)(e) in respect of an aircraft engine, an action may be brought before the civil in rem courts of Malta against the aircraft engine only if, at the time when the action is brought, it is beneficially owned by the person who would be liable on the claim in an action in personam.