The Maltese court of appeal has refused to enforce a judgement by a French court in a case instituted by French racing authority Pari Mutuel Urbain against Zeturf, a sports book holding a Maltese gaming licence.
The judgment delivered by a French tribunal on July 8, 2005, and later confirmed by the Paris court of appeal on January 4, 2006, had ordered Zeturf to cease taking online bets on horse races organised in France.
PMU subsequently sought to have the judgment recognised and enforced by the Maltese Courts under the Council Regulation on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
In turning down PMU’s request, the Maltese court of appeal concluded that the matter was of administrative nature and, as such, falls outside the scope of the EC regulation.
Reference was made by the Maltese court to the structure of PMU - it is incorporated in France as a commercial entity and yet regulated by an ad hoc law that gives it power that is usually not allocated to private enterprise.
In spite of PMU’s claims to the contrary, the Maltese court concluded that PMU is an entity of an administrative nature that is singularly empowered to shape and enforce French policy on relative gaming matters.
The Lotteries and Gaming Authority, which has been following this case with interest, noted that this decision strengthens Malta’s position with regards to European remote gaming.
