EU court ruling on iGaming not a threat to bloc unity: Expert
The European Union’s iGaming sector is seeing increased regulatory activity, with recent court rulings and coordinated enforcement actions affecting cross-border gambling operations. Ever since its foundation, the bloc has operated under a single framework on almost every pressing issue. But there is no EU-wide iGaming law, and regulation remains primarily in the hands of individual member states.
Oversight is guided by principles established by the Court of Justice of the European Union (CJEU), including free movement, anti-money laundering standards, and consumer protection. However, implementation and enforcement are handled at the national level, resulting in differing regulatory approaches across jurisdictions.
CJEU ruling redraws boundaries
In April 2026, the CJEU ruled in a case involving a Malta-licenced operator and a German player, stating that member states can restrict or ban operators licenced in other EU countries from offering services within their territory.
The judgment also addressed player rights, stating that losses incurred during periods when operators were not locally authorised may be recoverable, and that contracts may be deemed void under national law.
In an exclusive chat with SiGMA News over the developments, Riaan Van Rooyen, CEO of Aria International, said the ruling reinforces national authority rather than signalling any breakdown within the EU.
“In my view, it very clearly reinforces national control, and it does so without ambiguity. Gambling has never been a fully harmonised sector within the European Union. The CJEU has consistently allowed Member States to regulate in line with their own public policy, consumer protection frameworks and societal considerations,” he said.
Van Rooyen also added that a licence in one jurisdiction does not ensure access across the EU, noting that “what the latest rulings confirm is that a licence in one jurisdiction does not automatically translate into market access in another, and that is not a breakdown of the single market but the legal boundary of it.”
Rising legal exposure for operators
The impact is already visible across major markets. Germany has registered multiple claims, with the Federal Court of Justice handling cases in which players seek refunds for bets placed before regulatory reforms. While rulings remain impartial, courts are increasingly doubting the validity of contracts linked to unlicenced betting.
“I do not see this as EU unity ‘falling apart’…I see it as a reality check,”
– Riaan Van Rooyen, CEO, Aria International
Austria is witnessing similar trends, with courts taking action against foreign operators lacking local licences. Earlier rulings have also enabled players to recover losses from unlicenced platforms.
Van Rooyen warned that the risk for operators is no longer hypothetical. “The risk is no longer theoretical; it is real, and it is scaling. We are now seeing a pattern where operators licenced in one EU jurisdiction are being challenged in the courts of another, with claims based on the argument that the operator did not hold the required local licence,” he said.
He added that the consequences are also major, stating that, “this has very direct consequences, as contracts can be deemed void and player losses can be reclaimed, and while one claim can be managed, a coordinated wave of claims across multiple markets is a matter entirely different, affecting provisioning, investor confidence, compliance strategy and long-term business models.”
Law tightens, variation grows
However, at the regulatory level, member states are also stepping up coordination. Authorities in Germany, Austria, France, Spain, Italy, Portugal, and the UK have announced joint action against illegal or “black-market” operators, focusing on data sharing, site blocking, and closer alignment on enforcement.
But at the same time, Van Rooyen asserted that national strategies are diverging. “What we are seeing right now is increased divergence, not convergence, as different Member States are asserting their regulatory authority more strongly, enforcement is becoming more localised, and legal challenges are becoming more frequent,” he said.
He also addressed Malta’s Bill 55, which aims to protect locally licenced operators from external legal challenges, noting that “it is both, depending on where you are sitting, because from Malta’s perspective the intent is straightforward: the country is protecting the integrity and economic value of its licencing regime.”
Pressure may drive selective alignment
Despite the divergence, Van Rooyen indicated that sustained legal and commercial pressure could push the market toward coordination in specific areas.
“Historically, when legal and commercial friction reaches a certain level, it tends to force alignment, not across the entire framework but in key areas,” he said, pointing to enforcement against illegal operators, consumer protection standards, payment controls, and cross-border legal clarity as likely areas of alignment.
Summing up the current phase, he added that “EU unity in gambling is not falling apart; it is being tested.” A closer cooperation is expected in enforcement against illegal operators, consumer protection standards, payment controls and traceability, and cross-border legal clarity. According to experts, the current phase is best viewed as one of stress and recalibration rather than a structural breakdown.
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