Legislation

Germany – GGL states Maltese law isn’t compatible with EU legislation

By Phil - 30 August 2023

As a result of numerous requests to the GGL (The Joint Gambling Authority of the Federal States in Germany) regarding the assessment of the Maltese Government’s amendment to the law on the protection of domestic gambling establishments (Bill No. 55), the GGL has said it is ‘unlikely to be compatible’ with EU laws.

The new law stipulates that only Maltese courts can enforce judgments against Maltese gambling companies. The law may be a response to the sharp increase in the number of successful claims for repayment of gambling losses against Maltese gambling companies by players who invoke illegally suffered losses because the gambling offered was not legal in their home country.

The GGL stated: “The GGL keeps an eye on the developments around the topic of “Bill No. 55” from Malta. We are of the opinion that this law is unlikely to be compatible with European requirements for the recognition of decisions (Regulation (EU) 1215/2012).

“However, the final assessment of this question is not the responsibility of the GGL. We have informed the countries about our assessment and are also in contact with the relevant authorities. We do not currently see any reason to take any further action, as the Federal Ministry of Justice has already approached the European Commission in this matter. We therefore assume that proceedings will be initiated.

“The protective shield intended by Malta relates exclusively to civil law claims of the players, for the enforcement of which the GGL is not responsible. The extent to which the invocation of a gambling provider to “Bill No. 55″ in civil law cases can also have an impact on reliability under gambling law remains a question of the individual case.”