The Malta Gaming Authority has insisted that its Bill 55 amendment to the country’s regulations is in “full conformity with EU law.”
The bill has faced criticism, including from the German regulator, the Gemeinsamen Glücksspielbehörde der Länder, over claims that only Maltese courts can enforce judgements against Maltese gambling companies.
The GGL said on Wednesday that the law “may be in response to the sharp rise in the number of successful gambling loss repayment claims against Maltese gambling companies by players claiming illegal losses as the gambling offered was not legal in their home country.”
However, the MGA said the intention behind Article 56A is to “enshrine into law the long-standing public policy of Malta in relation to the gaming sector.”
It said in a statement that the Maltese law “does not create additional or separate grounds for refusing to recognise or enforce judgments to those already established under EU regulations,” and is “simply an interpretation” of the grounds for refusal laid out in the EU regulations.
The MGA added that the scope of the amendment is “highly restricted” and “does not preclude any action whatsoever from being taken against a licensee.”
The regulator said Article 56A sets out “cumulative elements” that, collectively, trigger the action set out in the amendment.
“The provisions shall only be applicable when the action – taken by an operator against a player, or a player against an operator – conflicts with or undermines the legality of the Maltese framework, and is related to activity which is lawful in terms of the Gaming Act and the other regulatory instruments applicable to the Malta Gaming Authority’s licensees,” it concluded.
