The EU Court rules against Malta's shield for its online gaming sector
The test By 4 Nov 2027, the Court of Justice of the EU gives a judgment holding that Article 56A of Malta's Gaming Act (introduced as Bill 55) is incompatible with EU law, or that it cannot be used to refuse recognition or enforcement of another Member State's judgment, as published in the judgment text at curia.europa.eu.
Not under way · Confidence: medium · Reviewed 4 Nov 2026 · Scores from 1 to 10
This page answers: What could happen, how it is scored, and who is exposed?
Using this page
- Read the two scores: Likelihood and Impact are kept apart.
- Check what is happening, each fact with its source.
- Use the calendar for the dates to watch.
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Impact is the average of the four parts, rounded, plus one point when Canada is directly hit on two or more channels, up to 10.
Two separate scales from 1 to 10. Strature never multiplies or merges them.
Why it matters
Since 2023 Malta's Gaming Act tells its courts to refuse foreign judgments that order Malta-licensed online gaming operators to repay players. An Advocate General found that clause manifestly contrary to EU law in April 2026, but only in the alternative: his main proposal is that the Court should not answer the Austrian referral at all. A Commission infringement case has been open since June 2025.
Why Likelihood 3 Driver: the Advocate General's alternative finding that the clause is manifestly contrary to EU law.
The other facts on file (9)
- Article 56A, introduced in June 2023 through Bill 55, tells Maltese courts to refuse, as a matter of public policy, foreign judgments upholding claims against Malta-licensed gaming operators where the services were lawful under Maltese law [1] (23 Apr 2026)
- An Austrian court referred the question in Case C-683/24; its own case concerns the liability of a lawyer who gave an opinion on the clause [1] (23 Apr 2026)
- Advocate General Emiliou proposes that the request for a preliminary ruling is inadmissible; in the alternative he finds the clause manifestly incompatible with the Brussels I bis Regulation [1] (23 Apr 2026)
- The Advocate General says a Maltese gaming licence is in principle valid only in Malta and in Member States that choose to recognise it [1] (23 Apr 2026)
- The Commission opened infringement proceedings INFR(2025)2100 against Malta with a letter of formal notice on 18 Jun 2025 [2] (19 Jun 2025)
- Maltese lawyers and an industry chairman said an earlier Court ruling was not a final judgment on Article 56A [3] (18 Jan 2026)
- C-440/23 (16 Apr 2026): a Member State may ban online gambling licensed in another; C-198/24 (21 May 2026): a law such as Article 56A can count when judging whether a debtor may impede enforcement; the infringement case was still at the formal-notice stage [4] (9 Jul 2026)
- Lawyer Terence Cassar said after the opinion that in practice, for now, nothing really changes [5] (4 May 2026)
- Malta Gaming Authority 2025 report: gaming gross value added about EUR 1.42bn, about 6.3% of economic output; 15,039 people working for licensed operators [6] (7 Aug 2026)
Where it sits
How it spreads
Sample, no data on file. No cited flows by country on file for this risk.
By 4 Nov 2027, the Court of Justice of the EU gives a judgment holding that Article 56A of Malta's Gaming Act (introduced as Bill 55) is incompatible with EU law, or that it cannot be used to refuse recognition or enforcement of another Member State's judgment, as published in the judgment text at curia.europa.eu.
Not under wayCountries 1
- Malta primary
Three scenarios and their signposts
- S1
No answer
The Court follows the Advocate General and declares the referral inadmissible.
- S2
Slow track
The infringement case moves to a reasoned opinion, with no Court judgment before late 2027.
- S3
Clause struck
The Court answers on the merits and finds the clause contrary to EU law.
| Path | Signpost |
|---|---|
| S1 | The judgment in C-683/24 |
| S2 | A Commission reasoned opinion to Malta on Article 56A |
| S3 | A Court ruling that addresses the substance |
No probability is given for the three paths.
Connected in Strature
Sources
6 sources, numbered as the text cites them
- Advocate General's Opinion in Case C-683/24, Spielerschutz Sigma (press release No 65/26). Court of Justice of the European Union · 23 Apr 2026 · Official · confidence high · retrieved 4 Nov 2026
- Commission Opens Infringement Procedure Against Malta for Failing to Comply with the Brussels I bis Regulation. EAPIL · 19 Jun 2025 · Commentary · confidence medium · retrieved 4 Nov 2026
- Gaming experts shrug off European ruling's impact on Malta's Art 56A: no landmark at all. iGaming Capital · 18 Jan 2026 · News · confidence medium · retrieved 4 Nov 2026
- Malta's gaming sector: current developments and future trends. The Legal 500 · 9 Jul 2026 · Commentary · confidence medium · retrieved 4 Nov 2026
- Legal experts weigh in on CJEU opinion: nothing changes for now as scrutiny on Article 56A intensifies. iGaming Capital · 4 May 2026 · News · confidence medium · retrieved 4 Nov 2026
- Malta's role undergoing strategic repositioning, clear momentum toward B2B services: MGA. iGaming Capital · 7 Aug 2026 · News · confidence medium · retrieved 4 Nov 2026
Reviewed 4 Nov 2026 · version 1 · last change: first review · All risks