The European Commission has formally opened infringement proceedings against Malta, accusing the country of obstructing the enforcement of EU court rulings against its licensed gaming operators.
In a letter sent on 17 June, the Commission claimed Malta is violating EU Regulation 1215/2012, which governs the recognition and enforcement of judgments across member states.
At the heart of the issue is Article 56A of Malta’s Gaming Act, known as Bill 55, which the Commission argues unjustly protects Maltese-licensed gambling companies from legal actions initiated in other EU countries. This provision reportedly forces Maltese courts to reject EU judgments on the basis of national public policy and deters foreign claimants from seeking justice in Malta, even when it’s the proper jurisdiction under EU law.
According to the Commission, this undermines mutual trust in the EU’s legal system and misuses public policy exceptions that are supposed to be narrowly applied. Malta now has two months to respond and address the concerns. If it fails to do so, the case may escalate to the European Court of Justice.
In response, the Malta Gaming Authority (MGA) rejected the claims, insisting that Article 56A doesn’t block all foreign judgments or shield operators from legal responsibility. Instead, it reflects Malta’s public policy and aligns with the “ordre public” clause in EU law.
The MGA emphasized that Malta has always supported the principles of the EU internal market and opposed unjustified restrictions on the freedom to provide services. It stated that protecting its regulatory autonomy in online gaming is a long-standing national policy.
This legal standoff follows two recent Maltese court decisions in which player claims from Austria were deemed unenforceable in Malta.
