iGaming industry stakeholders will be closely watching proceedings at the Court of Justice of the European Union (CJEU), which is scheduled to deliver its ruling on the controversial Maltese Bill 55 on 19 November.
Introduced in June 2023, the bill provided for the addition of Article 56A to the Maltese Gaming Act. The provision would exempt Maltese courts from the obligation to recognise and enforce foreign court rulings. This includes cases in which an operator provides services in another EU country without a licence, even though such activity is permitted under Maltese law.
Debates surrounding Bill 55 have continued for several years. One of the key issues is the enforcement of court rulings against operators active in grey and black markets, including those operating without the required licences in regulated jurisdictions or in territories where gambling is prohibited.
A significant number of industry stakeholders have already voiced opposition to Bill 55. Among its critics is Germany’s gambling regulator, the Joint Gambling Authority of the Länder (GGL).
Proceedings before the Commercial Court of Vienna (Handelsgericht Wien) prompted a referral to the CJEU with questions concerning Bill 55’s compatibility with European Union law. Austrian courts had ruled in favour of players on the grounds that the activities of foreign operators in the country were illegal.
In considering the case, Maltese courts referred to free-market principles and EU rules guaranteeing the freedom to provide services. On this basis, they did not recognise the legal validity of the original Austrian court ruling.
In April, Bill 55 faced further criticism following an opinion delivered by CJEU Advocate General Nicholas Emiliou. He stated that a preliminary ruling on the bill’s legality was inadmissible and unnecessary for resolving the case before the Austrian courts. Emiliou also described Bill 55 as “manifestly incompatible with the rules governing the recognition and enforcement of judgments”.
The Advocate General further stressed that court rulings issued in EU member states restricting players’ access to services provided by Maltese online gambling operators must be recognised not only in Malta but also in other EU countries.
iGaming industry stakeholders are awaiting the CJEU’s ruling, which is due on 19 November. The outcome could influence the future development of online gambling across Europe and shape how European courts approach Malta’s Bill 55.
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