Bill 55 would “seriously undermine” existing EU law, say Dutch lawyers
Group of legal experts demand Dutch government air concerns with European Commission over Malta’s controversial gaming act amendment
Dutch lawyers have said Malta’s Bill 55 would set a “dangerous precedent” and would “seriously undermine” existing EU law in a damning letter to the government of the Netherlands.
In a joint letter addressed to the Dutch Minster for Legal Protection, five lawyers echoed concerns raised by Austrian counterparts and the German gambling regulator, the GGL.
Three lawyers from Loonstein Advocaten and a duo from Van Diepen Van der Kroef Lawyers have called on the Dutch government to lobby against Bill 55 with the European Commission.
According to the quintet, the passing of Bill 55 has led to concerns in the Netherlands from clients over planned and ongoing legal action against Malta-licensed firms.
The lawyers claimed that Malta-licensed firms operating in the Netherlands had “seriously violated duty of care” and are being pursued for compensation against customer losses.
They added that it is estimated that at least 500,000 Dutch residents will be impacted by Bill 55.
Bill 55 effectively allows Maltese courts to refuse the enforcement of any foreign decision/claim relating to gambling.
The measure also prevents legal action being brought against a licensee or key person should the supposed breach be legal under Maltese law.
The group said: “With this law, Malta actually wants to undermine Dutch jurisprudence and that of other EU member states.
“This goes against EU law and the foundations on which the EU is founded, namely the principles of mutual recognition and cooperation.
“A law like Bill [55] has no precedent in the EU. This law would therefore set a dangerous precedent. Not only for proceedings against Maltese gambling companies, but also for the recognition and enforcement of judgments within Malta and the EU in general. Such a precedent would seriously undermine European treaties,” they added.