German regulator slams Malta's "incompatible" Bill 55
GGL makes its position clear as controversial law is set to be assessed by the European Commission
Germany’s gambling regulator, Gemeinsame Glücksspielbehörde der Länder (GGL), has suggested Malta’s controversial Bill 55 is incompatible with existing European law.
The new Bill, which was approved by Malta’s President George Vella in June, gives Malta-licensed online gambling operators bolstered protections against foreign litigation.
Bill 55 will effectively allow the 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 GGL had previously disclosed it was aware of Bill 55 and was monitoring the situation.
In July, the European Commission confirmed it would assess the Bill’s capability with existing law. Should the Commission rule that it does not comply with wider supranational legislation in the European Union (EU), Bill 55 will be sent back to the Maltese government to be amended, with the revised law going through the same EC review process and approval.
In a statement, the GGL said Bill 55 “should not be compatible with European requirements for the recognition of decisions”.
However, the regulator noted the final decision did not lie within its scope, imploring European bodies to address the concerns about the controversial legislation.
The statement continued: “However, the final assessment of this question is not the responsibility of the GGL. We have informed the federal states of our assessment and are otherwise in contact with the relevant authorities.
“We currently do not see any reason to take action beyond this, as the Federal Ministry of Justice has already approached the European Commission on this matter. We therefore assume that proceedings will be initiated accordingly.
“The protective shield intended by Malta relates exclusively to civil claims by players, for the enforcement of which the GGL is not responsible.
“To what extent the reliance of a gambling provider on Bill 55 in civil law cases can also affect reliability under gaming law remains a question of the individual case,” the statement concluded.
EGR explored the ongoing legal tussle between Malta and the wider EU in EGR 230.