The Maltese Court Ruled That Local Operators Are Not Obliged to Enforce Foreign Court Decisions
Court Decision
The Civil Court of Malta refused to enforce an Austrian court ruling requiring the return of €38,325 to a player who lost money on the European Lotto and Betting Limited (Lottoland) website. This company is licensed in Malta but not registered in Austria.
The court emphasized that Article 56 of the Treaty on the Functioning of the European Union (TFEU) allows the free provision of services between EU countries. Meanwhile, Austrian legislation, which grants a monopoly on online gambling to Casinos Austria’s Win2Day, was deemed incompatible with EU regulations.
Significance of the Decision
This ruling confirms that operators licensed by the Malta Gaming Authority (MGA) are not required to comply with foreign court decisions regarding the return of lost funds. As a result, players who used platforms without local authorization will find it more challenging to seek compensation.
Legal Dispute Context
Similar lawsuits against gambling operators have been filed in Austria and Germany. In some cases, local courts upheld players’ claims for refunds of lost funds, while in others, courts ruled that players must return their winnings.
Role of the MGA
In this case, Maltese courts supported the position of the MGA and Maltese operators. Davinia Cutajar, a representative of the law firm WH Partners, noted that this decision:
- strengthens the independence of Maltese regulatory authorities;
- confirms the jurisdiction of local courts in gambling-related matters.