European institutions have intensified scrutiny of Malta’s Bill 55, placing the country’s legal framework for shielding gambling operators under sustained review. A recent court ruling and an Advocate General’s opinion have increased pressure on rules governing cross-border enforcement of player claims.
Legal Framework Faces EU Challenge
Malta introduced Article 56A in 2023 through Bill 55, requiring domestic courts to reject foreign judgments against locally licensed operators if the services complied with Maltese law. The measure was designed to protect Malta Gaming Authority licensees from claims filed in other European jurisdictions, even where operators lacked local authorization.
Malta argues the provision reflects public policy under the Brussels I Recast Regulation (EU) 1215/2012. EU institutions disagree. In June 2025, the European Commission opened infringement proceedings, saying Malta applies the public policy exception beyond permitted limits and weakens judicial cooperation.
Advocate General Opinion Signals Position
On April 23, 2026, Advocate General Nicholas Emiliou issued an opinion linked to a case C-683/24 Spielerschutz Sigma originating in Austria. While he deemed the specific referral inadmissible because it centered on the conduct of a legal adviser rather than the legislation itself, he still addressed the broader legal question.
He concluded that a rule such as Article 56A conflicts with EU standards governing recognition and enforcement of judgments across member states. According to his assessment, court decisions issued elsewhere in the EU against Malta-licensed operators must generally be recognized and enforced.
He also dismissed the idea that holding a Maltese licence grants operators the right to provide gambling services across the EU, emphasizing that such authorization applies only within Malta.
Although Advocate General opinions do not bind the court, they often indicate how future rulings may develop. This marks the third time Emiliou has expressed a similar position on the issue.
Earlier Court Ruling Shapes Context
The opinion follows a binding April 16, 2026 ruling involving a German player seeking restitution from Malta-licensed operators active in Germany without local approval. The Court of Justice of the European Union ruled member states may prohibit online gambling services even if authorized elsewhere.
It also confirmed players can pursue restitution claims under national law and that using unlicensed services does not automatically breach EU law.
Most litigation has centered in Germany and Austria, where regulators have questioned Malta’s framework. Germany’s gambling authority has challenged Bill 55 and raised concerns with the European Commission. The Netherlands and Sweden also face related disputes.
If future rulings align with the Advocate General, players could more easily enforce claims in domestic courts, without Maltese legal protections blocking recovery.
Operators relying on Malta licences while serving unlicensed markets face increased exposure.
Malta’s Regulatory Stakes
The gaming sector generated €1.386 billion in gross value added in 2024, accounting for 6.7% of Malta’s economy directly and over 10% with indirect effects.
This economic weight explains Malta’s defence of its regime, but EU proceedings, court rulings, and repeated legal opinions indicate sustained pressure.
A final Court of Justice ruling on Article 56A will determine whether Malta’s system remains valid under EU law.
Source:
“What the EU’s Latest Move Against Malta’s Bill 55 Means for Players Across Europe”, europeangaming.eu, April 24, 2026
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