Cap. 12 Art. 742FAction in rem.

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

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

(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, if at the time when the action is brought the relevant person is either an owner or beneficial owner of that aircraft or the lessee of that aircraft under a dry lease agreement; and

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

(2) Notwithstanding the previous sub-article, in the case of a claim in terms of article 742E(1)(e), (g) and (h) in respect of an aircraft, an action may be brought before the civil courts of in rem Malta against the aircraft 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.