Op-Ed: “Not yours to sell: the long-awaited Commission v. Malta Judgment (Case C-181/23)”

Introduction

On 29 April 2025, the Court of Justice delivered its long-awaited judgment in Commission v. Malta (C-181/23) on the Maltese citizenship by investment scheme. Under this scheme, Malta offers its nationality to individuals who invest a minimum of € 1,310,000 into the Maltese economy - a contribution of € 600,000 to the Maltese government, the purchase of residential property of at least € 700,000 or a 5-year lease of at least € 16,000 per month, and a donation of at least € 10,000 to a Maltese non-governmental organisation. On top of the financial component, the scheme requires a legal residence in Malta for a period of 36 months (which can be reduced to 12 months with an additional payment of € 150,000), and a validati