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Earlier today, 27th February 2025, the Maltese Superior Court made a significant decision by rejecting the enforcement of two Austrian judgments that awarded refunds for gambling losses to Austrian players on Malta-licensed gaming websites.
The operators argued that the violation of the Austrian Gambling Act (GSpG) and Article 56 of the Treaty on the Functioning of the European Union (TFEU) not only went against EU law but also contradicted Maltese public policy. The freedom to provide services, a fundamental principle of EU law, is a key component of Maltese legislation. Therefore, breaching Article 56 of the TFEU was deemed incompatible with the EU legal framework and, consequently, infringed upon Maltese public policy.
The Maltese Court concluded that enforcing these judgments would go against the public policy of Malta.
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