The European Commission is not committing to a timeline and is maintaining a cautious approach on the dossier concerning Malta and compliance with EU rules on the recognition and enforcement of judicial decisions in the gambling sector.
Responding to a written question by MEP Martin Schirdewan, the Commission – through Commissioner McGrath – clarified that it is currently not possible to indicate a precise timeframe for completing the ongoing assessment.
The case stems from a dispute between Brussels and Malta over a particularly sensitive issue for the gambling industry: the application of EU rules on civil and commercial judgments, which directly affect the ability to enforce court decisions across Member States, including against online gambling operators.
At the heart of the matter is a provision introduced by Malta in June 2023 through the so-called Bill 55, which inserted Article 56A into the Malta Gaming Act. The rule essentially states that foreign court judgments – including those from other EU Member States – that challenge the legality of services offered by Malta-licensed operators are not to be recognised or enforced in the country.
According to several observers, and the Commission itself, this measure risks conflicting with EU law, in particular Regulation (EU) 1215/2012, which governs the recognition and enforcement of civil and commercial judgments between Member States.
After already launching an assessment of Malta’s arguments, the Commission now confirms that the case remains open. “The assessment must be carried out in full respect of EU law and on the basis of all relevant legal and factual elements,” the response states, highlighting both the complexity of the issue and the number of actors involved.
It is precisely this complexity, Brussels notes, that prevents setting a deadline. Moreover, it is not yet possible to anticipate what follow-up measures may be taken. The Commission will decide on “the appropriate next steps” only once the assessment is complete.
The message is clear: no acceleration, at least for now, on a matter that touches one of the most delicate areas of the European gambling market, where freedom of establishment, consumer protection, and Member States’ regulatory autonomy intersect.
For operators – especially those active across borders – uncertainty remains high. The Malta case continues to serve as a key test of how far national gambling regulations can coexist with the principles of EU law.
