A legal dispute that started with a single lawsuit in Germany has now landed at the European Court of Justice (ECJ) and could shake the online gambling structure across the European Union.
Good to Know
- A case at the European Court of Justice could affect €1 billion in player claims.
- Germany challenges Malta-based gambling platforms that lacked local licenses.
- Malta’s Bill 55 is under fire for shielding its licensed operators from foreign judgments.
At the center is Case C-440, which began in 2021 when a German player filed a complaint against Lottoland, a Malta-licensed gambling operator. The player claimed they were able to access and play on the platform despite Lottoland not holding a German license at the time.
Lawyer Volker Ramge later took over the case and expanded it to include more German consumers. He also widened the legal challenge to target additional operators based in Malta, arguing they had operated in Germany without following the proper local licensing process.
Both sides agreed to bring the issue before the ECJ, asking whether Germany’s former Interstate Treaty on Gambling, which was active until 2021, is compatible with EU law. The court is now assessing whether the German rules at the time conflicted with the European Union’s free movement of services under the Treaty on the Functioning of the European Union (TFEU). A legal opinion from the Advocate General is expected by July 10, 2025.
The case has sparked interest beyond Germany. Bill 55, passed in Malta in 2023, has added more controversy. The law allows Maltese courts to refuse to enforce foreign rulings against gambling firms licensed by the Malta Gaming Authority (MGA). According to the MGA, the bill protects businesses from judgments that go against EU market values.
In August 2023, Germany’s gambling regulator GGL raised concerns about Malta’s Bill No 55, warning it may breach EU law on cross-border legal enforcement.
However, regulators in other EU countries disagree. Germany’s gambling authority, GGL, argues the law conflicts with the EU’s legal framework and threatens cross-border judicial cooperation. Critics say it prioritizes financial interests over legal obligations.
Austria is also involved. The Vienna Commercial Court has submitted questions about the legality of Malta’s Bill 55 to the ECJ, while the European Commission is reviewing whether the law violates EU rules.
Lawyer Julian Cocron summed up the stakes, saying the Commission has stressed the importance of carefully handling cases like this. If the ECJ rules against Malta, gambling firms could face a flood of compensation claims from players across Europe, especially in Germany and Austria.
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