Sports & Entertainment

European Court Casts Doubt on Malta’s Gaming Enforcement Barrier

Authors: FFF Legal (Malta - TAGLaw) & Gecić Law (Montenegro & Serbia - TAGLaw)

In a 21 May 2026 decision from Luxembourg, the Court of Justice of the European Union (CJEU) has made clear that Article 56A of Malta’s Gaming Act, which prohibits the enforcement of foreign judgments against gambling operators holding a Maltese licence, is a factor for national courts to take into account in their overall assessment of the circumstances when creditors in other Member States apply for European Account Preservation Orders (EAPOs).

Background

Since the early 2000s, Malta has positioned itself as a hub within the EU for the online gaming industry. It was the first European country to establish a gaming authority. As a result, numerous online gaming operators set themselves up in Malta and obtained gaming licenses there. The strategy brought enormous benefits for the Maltese economy: today, online gaming accounts for around one-eighth of the island’s GDP. Many gaming operators established in Malta also made their online gaming platforms available to consumers in other EU Member States, sometimes without obtaining a licence from the gaming authorities (where they existed) in those other Member States.

Read the full article at the links below.

https://fff-legal.com/news/maltese-legislation-prohibiting-the-enforcement-of-foreign-judgments-is-a-relevant-factor-for-national-courts-when-establishing-urgency-in-proceedings-for-european-account-preservation-orders/

https://www.geciclaw.com/cjeu-judgement-malta/

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