MGA Statement following Letter of Formal Notice on Article 56A – Malta Gaming Authority
Summary
The Malta Gaming Authority (MGA) has responded to the European Commission’s Letter of Formal Notice regarding Article 56A of the Gaming Act (formerly Bill 55). The MGA says Article 56A does not impose a blanket ban on enforcing EU judgments against Maltese-licensed gaming companies, nor does it shield them from legal action in other EU courts. Instead, it views Article 56A as a codification of Malta’s long-standing public policy on online gaming and as reflecting the ordre public exception under the Brussels I Recast Regulation, rather than creating new grounds to refuse foreign judgments.
The MGA reiterates that Malta’s point-of-supply licence allows operators licensed in Malta to provide services cross-border where they have a lawful basis and continue to comply with Maltese regulatory requirements. The Maltese framework prioritises responsible gambling, protection of player funds, safeguards for minors and vulnerable persons, and fair advertising. The MGA affirms alignment with CJEU principles on the freedom to provide services and the freedom of establishment, and will support the Government in engaging constructively with the European Commission.
Key Points
- • The MGA rejects the notion that Article 56A creates a blanket ban on enforcement of EU judgments or grants immunity to Maltese operators.
- • Article 56A is presented as codifying Malta’s existing public policy and the ordre public exception under Regulation (EU) 1215/2012 (Brussels I Recast).
- • Malta operates a point-of-supply licence: Maltese-licenced operators may offer services cross-border if they have a justifiable legal basis and comply with Maltese rules.
- • The Maltese regulatory framework emphasises responsible gambling tools, protection of player funds and safeguards for minors and vulnerable persons.
- • The MGA maintains its approach is consistent with CJEU case law and opposes unjustified restrictions that hinder internal market freedoms.
- • The MGA will continue open and constructive dialogue with the European Commission on this issue.
Context and relevance
This clarification matters for operators, legal advisers and regulators across the EU because it addresses uncertainty over cross-border recognition and enforcement of judgments involving Maltese licence-holders. It signals Malta’s continued commitment to EU freedoms while asserting a domestic public policy in gaming — a balance likely to influence future disputes and regulatory approaches in the online gambling sector.
Why should I read this?
Short and blunt: if you run, advise or regulate online gambling in Europe, this is worth a quick read. It makes clear Malta isn’t trying to dodge EU courts — it’s formalising an existing policy. If you need to know whether enforcement risk has changed for Maltese licence-holders, this clears up the essentials so you don’t have to wade through legal notices yourself.
Source
Source: https://www.mga.org.mt/mga-statement-following-letter-of-formal-notice-on-article-56a/