15 January 2026 The Court of Justice of the European Union ruled, which could completely change the traditional offshore iGaming model in Malta. The document directly confirms the right of players to appeal to the courts of their country, even if the operator operates under a Maltese license. In other words, Players can now claim compensation under the laws of their country of residence, not countries, where the operator is registered.
The context of the work
The case concerns an Austrian player and company Titanium Brace Marketing — a subsidiary of SkillOnNet, being at the stage of liquidation. The company was licensed by MGA (Malta Gaming Authority), But did not have a license in Austria. The player filed a lawsuit against the directors of the company, demanding the return of lost funds under Austrian law. The defendants insisted, that the dispute should be heard exclusively by the Maltese court.
The essence of the question: what legal regime applies to online operators without a license in the player's country?
Judgment of the European Court of Justice
The court confirmed, What:
- The player can file a claim under the laws of his country of residence.
- Damage from online gambling is considered to have occurred there, where does the player live, if the operator does not have a local license.
- Malta license does not guarantee automatic protection from claims in other EU countries.
That is, now the offshore model of Malta, based on the principle of freedom of provision of services in the EU, undergoes serious scrutiny.
Why is this a serious blow to the Maltese model?
- Previously, Malta was considered a “European base” for operators: MGA license allowed work throughout the EU.
- The new solution strengthens the position of countries with local license requirements and mechanisms for returning lost funds.
- The EU has already recorded numerous claims by players against operators in Germany, Austria, The Netherlands and other countries.
Bill 55: Maltese pressure protection
Law Bill 55 limited the enforcement of foreign court decisions against Maltese B2C operators. He defended the operators, operating under MGA license, from players' demands for the return of lost funds.
However, the new EU decision:
- Increases criticism of Bill 55 at EU level.
- Creates legal uncertainty around operator protection.
- In fact, it reduces the value of the Maltese license as a universal “European base”.
Conclusion
EU Court of Justice decision changes the rules of the game for iGaming in Malta. Now the operator, operating without a license in the player's country, risks facing legal action under local law. For the industry this means:
- Higher legal risks.
- The need to obtain local licenses to operate in European markets.
- Additional pressure on the Bill mechanism 55 and the offshore model of Malta in general.
The Maltese license remains an important tool, but it no longer guarantees “safe passage” throughout the EU.
