Maltese Courts Dismiss Austrian Gambling Loss Reimbursement Claims

The Maltese Civil Court has issued a significant ruling rejecting the enforcement of Austrian court judgments seeking reimbursement of gambling losses from Malta-licensed operators. The cases, involving TSG Interactive Gaming Europe Ltd and European Lotto and Betting Ltd, were brought by Austrian claimants arguing that their gambling losses should be refunded under Austrian law.

Key Legal Considerations

The Maltese courts dismissed these claims on the basis that enforcing the Austrian judgments in Malta would:

• Contravene Malta's public order, as it would require recognition of foreign laws that conflict with Malta's regulatory framework.
• Violate EU law, specifically Article 56 of the Treaty on the Functioning of the European Union (TFEU), which guarantees the free movement of services across Member States.