The Malta Gaming Authority (MGA) has issued a statement in response to the European Commission’s formal notice regarding Article 56A of the Gaming Act. The move has brought renewed scrutiny to the Malta gaming law, known earlier as Bill 55. The MGA insists the law aligns with EU principles and doesn’t create new grounds to reject foreign rulings.

  • Article 56A is not a blanket shield against foreign enforcement. The MGA says it simply reflects long-standing Maltese public policy grounded in EU law, particularly the ordre public exception under Brussels I Recast Regulation. The provision does not override or introduce new rules against recognising EU judgments.

  • Malta’s licensing system was set up as a point-of-supply model when it joined the EU. Operators licensed in Malta can legally offer services cross-border, provided they comply with local regulations. The MGA’s regime includes requirements to protect players, secure funds, and promote responsible gambling.

  • The MGA argues that its framework supports core EU freedoms. These include the freedom to provide services and the freedom of establishment under the Treaty on the Functioning of the EU. Malta’s regulatory position is shaped to uphold these freedoms.

  • Any restrictions on those freedoms are considered barriers to market access. The MGA claims unjustified limits on service provision violate case law of the Court of Justice of the EU. It says such limits harm the internal market and business operations of Maltese-licensed companies.

  • For two decades, Malta has opposed restrictive policies in the gaming sector. The government’s approach has consistently challenged attempts to block or limit cross-border operations. “Malta’s public policy on gaming matters is well-established and EU law-compliant,” the MGA noted.

  • Article 56A, the MGA says, simply codifies this long-standing position. It does not expand or alter the existing legal framework of Regulation (EU) 1215/2012. The MGA reaffirmed its support for the Maltese Government in its ongoing discussions with the European Commission.

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