A 23 April 2026 opinion by the Court of Justice of the European Union’s Advocate General Emiliou in Case C‑683/24 Spielerschutz Sigma is the latest pronouncement from the CJEU in the lengthy EU law skirmish surrounding Malta’s gaming industry. Just a week earlier, on 16 April 2026, the Court confirmed that Member States can prohibit certain online gambling services that are authorised in another Member State. And in January 2026, the Court found that a consumer may rely on their own country when bringing a tort claim against directors of a foreign online gambling operator that does not hold the required licence for that market.
This new opinion is not binding on the Court of Justice, which must still render its judgment. But AG Emiliou’s reasoning is a crucial bellwether today as Maltese gaming companies hold their breath as to their ultimate liability for losses incurred on their sites by gamblers resident in EU Member States with more restrictive national gambling laws (primarily Austria and Germany).
In his opinion, AG Emiliou has deliberately grappled with the question as to whether Article 56A of the Maltese Gaming Act is compatible with EU law – taking the view that it is not – even despite his initial conclusion that the request for preliminary ruling in front of him was inadmissible.
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