MGA Reaffirms Support for Article 56A Amid EU Infringement Action
At the heart of the dispute is the Commission’s claim that Malta is failing to comply with EU Regulation 1215/2012, which governs jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
The Malta Gaming Authority (MGA) has once again defended Article 56A of its gaming law — formerly known as Bill 55 — following the launch of infringement proceedings by the European Commission.
At the heart of the dispute is the Commission’s claim that Malta is failing to comply with EU Regulation 1215/2012, which governs jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The Commission argues that Maltese courts are unable to recognise and enforce foreign judgments against Malta-licensed gambling operators, thereby breaching EU law.
According to the Times of Malta, a formal notice and letter have been issued to the Maltese government, accusing the country of “bad application” of the regulation. The Commission claims that this effectively blocks individuals from other EU states who may have legitimate claims against Maltese gaming companies from pursuing legal redress.
The clause has attracted widespread criticism, including from the German gambling regulator, who raised concerns in 2023. However, the MGA maintains that Article 56A does not shield operators from legal accountability.
In a statement, the MGA reiterated:
“Article 56A does not impose a blanket ban on enforcing European judgments against Maltese-licensed gaming companies, nor does it shield them from legal action in other EU courts.”
The regulator insists the clause reflects long-established Maltese policy and existing provisions under EU law:
“Rather, Article 56A confirms Malta’s long-standing public policy on online gaming and reflects existing rules under EU law – specifically the ordre public exception in the Brussels I Recast Regulation. It does not introduce new or separate grounds to reject foreign judgments.”
The MGA also stressed that its licensing regime permits cross-border operations as long as they are legally justified and comply with Maltese regulations:
“As a Member State operating within the framework of EU law, Malta has consistently maintained the position that its gaming regulatory framework is in line with the principles established by the Court of Justice of the European Union (CJEU) and the fundamental freedoms enshrined in the Treaty on the Functioning of the European Union (TFEU), specifically the freedom to provide services and the freedom of establishment.”
The regulator concluded:
“Malta’s public policy in the gaming sector is shaped by, and grounded in, these same principles.”
