The European gambling industry faces a major legal test in early 2026, when the European Court of Justice (ECJ) is expected to rule on a long-running dispute between Austria and Malta over player loss claims.
The case concerns Austrian players suing Malta-licensed operators to recover gambling losses. Claimants argue that because the operators did not hold an Austrian licence, their contracts are invalid under national law, entitling players to refunds.
The dispute was examined on the iGaming Daily podcast, hosted by SBC Media Manager, Fernando Noodt, with Editor-at-Large, Ted Menmuir, and Austrian lawyer Dr Christian Rapani, Attorney at Rechtsanwalt Law and member of the International Masters of Gaming Law (IMGL).
Menmuir underlined the sensitivity of the issue, stating: “I’m going to be quite honest, this is a subject matter that is just dreaded by all Journalists and Editors… it is a very conflicting case for the industry, let’s just put it that way.”
Austria’s legal position is rooted in a 2016 ruling by its highest courts, which found that the country’s games of chance monopoly complies with EU law. This limited operators’ reliance on the EU principle of freedom to provide services.
Malta has responded with Bill 55, introducing Article 56A to its Gaming Act. The law restricts the enforcement of certain foreign judgments against Malta-licensed operators and their directors, creating additional tension between member states.
Rapani noted that the dispute reflects the lack of harmonised gambling regulation across the EU. Unlike sectors such as banking or insurance, gambling remains nationally regulated, increasing the risk of cross-border legal conflict.
