The Malta Gaming Authority (MGA) has shared a public statement and defended that Article 56A ‘does not impose a blanket ban on enforcing European judgments against Maltese-licensed gaming companies.’
This comes after the Times of Malta reported that the European Commission has ‘launched infringement proceedings against Malta for allegedly breaching an EU regulation when it amended the Gaming Act to prevent the enforcement in Malta of foreign court rulings against Maltese gaming companies.’
It has been said that the Commission issued a formal notice about proceedings against Malta over the “Bad Application of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”
The MGA public statement was published on Wednesday (June 18) with the authority saying that Article 56A “confirms Malta’s long-standing public policy on online gaming and reflects existing rules under EU law.”
They specifically cite the ‘odre public exception in the Brussels I Recast Regulation,’ as it goes on to explain their points further.
Malta MGA speaks out as European Commission issues a formal notice
“Since Malta’s accession to the European Union, its online gaming licence was devised as a point-of-supply licence. This means that operators licensed in Malta can offer their services on a cross-border basis, provided they have a justifiable legal basis for doing so and that they continue to comply with the Maltese regulatory framework,” MGA says.
The European country joined the EU in 2004 and it was in the same year that it became one of the first countries to regulate online gambling.
“The Maltese gaming framework is committed to promoting responsible gambling and safeguarding all players, regardless of their country of residence. In fact, the MGA’s regulatory framework establishes various requirements, such as protecting player funds, safeguarding minors and vulnerable persons, providing responsible gambling tools to prevent gambling related-harm and ensuring that gaming services are advertised fairly.”
After a lengthy statement, the MGA states that it reiterates “Article 56A of the Gaming Act does not introduce new or separate grounds for refusing the recognition or enforcement of judgments beyond those already set out in Regulation (EU) 1215/2012.”
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