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An EU lawmaker has asked the European Commission if it will ban gambling advertising and open an infringement proceeding against Malta to address a “breach of EU law” through a bill to block player-refund lawsuits.
Carolina Morace, a Member of the European Parliament (MEP) from Italy and a member of The Left party, which consists of 46 of the 720 MEPs, submitted the question for written answer on March 18, and it was published on the European Parliament website on Friday (March 28).
The question claims Malta’s Bill 55 prevents enforcing foreign judgments against gaming companies registered in Malta, “creating a free port for the gambling industry and seriously hampering judicial cooperation in civil and commercial matters, in breach of the principles of mutual recognition of judicial decisions enshrined in EU law”.
Although the European Commission may yet declare the bill illegal, it is shielding Malta-based companies from player-refund claims from other EU countries.
In February, two landmark decisions in Maltese courts rejected payouts mandated by rulings in Austria, which brought renewed optimism to those defending against player-refund cases.
“As Bill 55 limits the effectiveness of judicial decisions issued in other member states, will the Commission open an infringement procedure against Malta?” the MEP asked.
In March 2025, the commission said it was aiming to resolve the issue “as quickly as possible”, despite issuing no proactive statements on an investigation that began more than 18 months ago.
“The Commission is working in close contact with the Maltese authorities on the matter concerning the Maltese Bill No 55/2023 amending the ‘Gaming Act, Cap. 583’. We are in a constructive dialogue with the Maltese authorities with the aim to resolve this matter as quickly as possible,” a spokesperson told Vixio GamblingCompliance.
There has been no update on the investigation since.
However, the first of three pivotal cases, which could sink or restart thousands of German player refund claims, will be heard by the Court of Justice of the European Union (CJEU) on April 9.
The MEP also asked the European Commission if it plans to propose an EU regulatory framework to ban gambling advertising, similar to those for tobacco and alcohol, “in line with Article 35 of the EU Charter of Fundamental Rights”.
Additionally, Morace called online gambling a “European problem”, warning that the fragmentation of member states' gambling laws has fuelled problem gambling and unlicensed gambling sites.
Morace claims “70 percent of betting is on unlicensed sites in the countries where they operate” and wants to know the measures the European Commission will take to combat illegal gambling and protect people from addiction.
The question by the MEP reflects a growing concern among some EU member states lawmakers that the ongoing investigation against Malta is not moving swiftly enough.
