Pressure over Bill 55 continues as EU courts have been challenged to increase scrutinisation of the impact of the bill and its protection of Maltese companies.
Central to criticism of the bill is that it lacks transparency and doesn’t align with the EU framework and law.
One of the most vocal critics was the German regulator, the GGL, which put its case forward to the European Commission in a bid to push them to re-examine the law and its effectiveness alongside domestic and EU frameworks.
Previously, the GGL has stated: “We are of the opinion that this law should not be compatible with European requirements for the recognition of decisions (Regulation (EU) 1215/2002).
“However, the final assessment of this question is not the responsibility of the GGL. We have informed the federal states of our assessment and are otherwise in contact with the relevant authorities.”
In a more recent development, the bill was brought back under the microscope as Maltese courts ruled in two separate cases that Austrian courts do not have the power to dictate whether gaming operators in Malta compensate Austrian players.
This is in spite of courts in Austria both backing the players, with the Austrian framework currently citing any overseas operator as being illegal in the country.
Maltese courts and the two operators emphasised the free market and EU Laws enabling free movements of services, illegitimising the original Austrian decision in the eyes of the Maltese legal system.
The cases related to Bill 55 and Malta’s framework in the EU centre around two gamblers, who both lost significant amounts with a Maltese operator.
Between 2017 and 2019, Gerhard Posch lost €40,500 with TSG Interactive Gaming Europe, he later attempted to recoup when he pursued a requisition order against the company, resulting in a legal battle between himself and the operator.
Philipp Wahl also looked to secure a case against European Lotto and Betting, after he lost €38,000 over an 11-day period.
The MGA has consistently defended that the bill is in place to protect Maltese operators from “baseless legal challenges”.
Malta’s regulatory body has previously underlined its intentions to ensure that “its licensees are allowed to operate where they have a justifiable legal reason to do so, and always in a compliant manner.”
