European Court of Justice Decision Intensifies Pressure on Malta Over Online Gambling Licensing

(AsiaGameHub) - The European Court of Justice (CJEU) has made another ruling concerning how member state laws apply to recovering and compensating online gambling losses. A ruling by Cypriot Advocate General (AG) Nicholas Emiliou states that: "A sports betting operator providing services in a national market without the necessary license may be required to return the money wagered by players." The AG's opinion relates to a long-standing German dispute questioning Tipico Malta's online gambling license regarding loss recovery for the 2013-2020 period. A German customer attempted to reclaim losses from Tipico, which was operating in Germany with a license from the Malta Gambling Authority (MGA). At that time, German gambling regulations were in turmoil, as parliament hadn't finalized terms for launching the fourth interstate market (GlüNeuRStv). The AG considers that "under German law, the consumer's claims against Tipico seem fundamentally justified. However, Tipico argues in its defense that it couldn't secure a German license due to flaws in the licensing process." Per AG Emiliou, Tipico's lack of a German license makes the agreement between the operator and consumer 'invalid'. However, the AG maintains that member states can apply tort laws (covering harm or loss) regardless of Tipico's licensing status. This case intensifies pressure on Malta regarding its use of Bill 55 as a defense for gambling licenses used throughout Europe. However, in an earlier interview with Frankfurter Allgemeine Zeitung (FAZ), Tipico CEO Axel Hefer stated the company wouldn't use the bill as a shield and doesn't need to. He said: "We're a Maltese-German firm with 1,500 staff at multiple major German sites. We clearly don't rely on Maltese law for protection. We've never used 'Bill 55." Germany has strongly criticized this potential operator protection, with its regulator GGL saying: "We believe this law likely conflicts with European decision-recognition requirements (Regulation (EU) 1215/2002). "However, GGL isn't responsible for the final evaluation of this matter. We've notified the federal states of our view and remain in touch with relevant authorities." Continued pressure The Tipico case comes after a recent CJEU AG ruling on the Wunner case (Austria v Malta), which confirmed that Member States can enforce their tort laws on gambling disputes, regardless of licenses issued in other EU jurisdictions. A key point in the Wunner Case was the CJEU rejecting Malta's "EU passporting" argument for gambling. The ruling clarified that, unlike financial services, a gambling license from one Member State doesn't automatically permit operations in another. Each country can establish its own requirements, as long as they're proportionate, non-discriminatory, and transparent. This maintains pressure as the unresolved legal conflict between Austria and Malta escalates, with Malta invoking Article 56A, widely known as Bill 55. Malta's courts activated this Article to dismiss prior CJEU opinions on the prolonged disputes between the two jurisdictions. The operator is using Article 56 of the Treaty on the Functioning of the European Union (TFEU) as its case basis—the freedom to provide services across EU member states—which Maltese law protects through Article 56A. Instead of ignoring European Court of Justice rulings, Maltese courts are invoking public policy exceptions under the Brussels I Recast Regulation (EU) 1215/2012, strengthened domestically by Article 56A, to prevent enforcement of foreign civil judgments they claim threaten Malta's gaming regulatory system. This article is provided by a third-party. AsiaGameHub (https://asiagamehub.com/) makes no warranties regarding its content. AsiaGameHub delivers targeted distribution for iGaming, Casino, and eSports, connecting 3,000+ premium Asian media outlets and 80,000+ specialized influencers across ASEAN.
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Kazakhstan Establishes Four New Casino Zones to Attract Foreign Tourists

(AsiaGameHub) - Lawmakers in Kazakhstan are looking to attract foreign visitors by launching four new casino zones. Per the new regulation, these zones will be situated in well-known tourist destinations. They include the Mangistau region along the Caspian Sea coast, Paniflov District and the shores of Lake Alakol in Almaty region’s Talgar District, as well as the Marakol Area and Zaisan District. Per reporting from Qazinform News Agency, the amendment to the ‘On Gambling Business’ law has been signed off by President Kassym-Jomart Tokayev. This move will raise the total number of such gambling zones to six, adding to the existing gambling provisions in the city of Konaev within the Almaty region and the Shchuchinsk-Borovoye resort area in the Akmola region. In contrast to the already established zones, which welcome both Kazakh citizens and foreign visitors, these four new areas will only be accessible to overseas travelers. According to Kazakhstan’s government, over 15.7 million foreign nationals visited the country in the first nine months of 2025, including many visitors from both Russia and China. Baurzhan Rapikov, the country’s Deputy Minister of Tourism and Sports, stated that he expects each new casino will create 500 jobs and generate annual tax revenue ranging from 2bn to 4bn tenge (£3.1m to £6.2m). This decision to limit gambling to specific zones aligns with existing legislation in Russia, where casino and slot machine operations are restricted to four designated areas. Restricting access solely to foreign citizens also echoes policies implemented in numerous countries across the world. In South Korea, local citizens are limited to just one casino, with all remaining venues exclusively for foreign visitors. Meanwhile, in Malaysia and Singapore, local gamblers face strict entry requirements and are required to pay an admission fee. This article is provided by a third-party. AsiaGameHub (https://asiagamehub.com/) makes no warranties regarding its content. AsiaGameHub delivers targeted distribution for iGaming, Casino, and eSports, connecting 3,000+ premium Asian media outlets and 80,000+ specialized influencers across ASEAN.
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‘We are open for business’ – all you need to know about Gibraltar’s Gambling Bill

(AsiaGameHub) - One of Europe’s biggest gaming hubs is set to see changes now that Gibraltar’s parliament has approved the first reading of the 2025 Gaming Bill. The new law aims to replace the 2005 Gambling Act and usher in a new chapter for the island, especially as it faces major challenges from the UK’s increase in remote gaming taxes. iGaming Expert explains all the key details about these changes. Years in the making Plans to update the jurisdiction’s laws have been ongoing for years, with consultations on a new bill starting as early as 2016. Nigel Feetham MP, Minister for Justice, Trade and Industry, told parliament the proposed legislation is “one of the most thoughtfully and expertly crafted and widely consulted bills” in Gibraltar’s legislative history. Progress was held up multiple times: first by Brexit in 2016, which led EU gambling businesses to eventually leave the island, and then by Gibraltar’s effort to get off the Financial Action Task Force’s (FATF) grey list – a goal it reached in February 2024. The bill also had to adapt to changes in the gaming industry brought on by the COVID-19 pandemic. Roy Clinton MP, Shadow Minister for Finance & Value for Money, noted that the bill was developed through a “thorough consultative process.” Shifting focus of regulation In his parliamentary speech, Feetham emphasized the need for a “more adaptable regulatory system” capable of meeting the needs of a rapidly changing landscape. Specifically, he stated the law will shift from focusing on where technology is based to where the management and control of a gambling operation actually take place. Feetham said: “We’ve witnessed the growth of cloud IT infrastructure providers, a trend of gambling firms using a multi-jurisdictional strategy, and many jurisdictions moving from a restricted or monopoly model to one where local licenses are offered to commercial gambling companies on an open, non-discriminatory market basis. “We need a law that covers any business with significant management or control of its operation in or from Gibraltar, instead of over-relying on where technology is located.” Bringing marketing under the microscope To gain better oversight of the peripheral services that support the gambling industry, the new act requires certain outsourced B2B services – like marketing and player fund management – to apply for a Gaming Operator Support Services (GOSS) Licence. Feetham pointed out the growing number of companies in the B2B supply chain that compete across multiple jurisdictions. He also expressed worry that some marketing activities by island-based companies fall outside “the regulatory scope.” “Gambling services marketing has evolved, especially in social media promotion,” he said. “Player acquisition and retention are the industry’s lifeblood, but marketing gambling products and managing customer relationships is controversial. If unregulated and unchecked, it could harm the industry’s reputation and the broader regulatory system.” More power to the commission The bill also boosts the regulatory authority of the Gibraltar Gambling Commission, giving it new powers to use risk-based enforcement tactics, conduct investigations, and impose financial penalties on non-compliant businesses. “A key practical flaw in the current act is that it only offers the ‘nuclear option’ of suspending or revoking licenses for violations,” Feetham explained. “In contrast, the new bill outlines a range of proportional penalties and lets the gambling commissioner use a more structured, statutory approach to regulatory investigations and inquiries.” To account for these enhanced enforcement powers, the bill also creates a gambling appeals tribunal. Flexibility in legislation Feetham frequently noted the industry’s rapidly changing nature and the need for the new regulatory framework to reflect this while maintaining clear regulatory goals. He stated the bill “enables future-proofing” as technological innovation speeds up, and work has already started on a digitalization project to improve communication with the industry. Feetham concluded: “The new act won’t alter Gibraltar’s business-friendly culture. If you’re ready to be a responsible corporate citizen – paying taxes, protecting consumers, and preventing financial crime – you’re welcome here. We’re open for business and will keep innovating.” This article is provided by a third-party. AsiaGameHub (https://asiagamehub.com/) makes no warranties regarding its content. AsiaGameHub delivers targeted distribution for iGaming, Casino, and eSports, connecting 3,000+ premium Asian media outlets and 80,000+ specialized influencers across ASEAN.
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