Maltese Court Rejects Austrian Rulings on Player Refunds
The Maltese Civil Court ruled against enforcing Austrian decisions that refunded players who lost money on unlicensed gambling sites. It sided with Maltese operators, stating that these judgments conflicted with Malta’s legal framework and EU regulations.
Legal Basis for the Decision
The court cited Article 56 of the Treaty on the Functioning of the European Union (TFEU). This article allows free provision of services across EU states.
The court ruled that Austria’s gambling laws, which grant a monopoly to Casinos Austria’s Win2Day, do not comply with EU law.
Disputes Over Gambling Losses in Austria and Germany
Austria, like Germany, has seen players file lawsuits to reclaim losses before national online gambling regulations took effect.
Many affected operators are based in Malta. Courts in Austria and Germany have issued mixed rulings, with some allowing refunds and others requiring players to return winnings.
Case Involving Lottoland
The ruling addressed a case where a player lost €38,325 in 2020 while gambling with European Lotto and Betting Limited, known as Lottoland.
The Malta Gaming Authority (MGA) brought the case to court, reinforcing its jurisdiction over disputes involving its licensees.
Legal Experts on the Ruling
Davinia Cutajar of WH Partners, representing the MGA, highlighted the importance of the decision:
“This ruling reinforces the autonomy of Maltese regulatory authorities and the jurisdiction of Maltese courts over gambling-related matters.”