Malta gambling law: Schirdewan presses the European Commission for timeline
The debate over Malta’s online gambling laws has returned to Brussels. Martin Schirdewan, a Member of the European Parliament from “The Left”, has submitted a new parliamentary question to the European Commission, asking when it expects to complete its review of Malta’s controversial legislation.
This relates to the infringement procedure launched by the European Commission against Malta. No timetable has been set for the conclusion of the legal review.
Schirdewan has asked the Commission to clarify when it will complete its review of Malta’s arguments. He also asks whether it can give a date for completing the assessment and deciding on the next steps.
European Commission response and ongoing review
The new parliamentary question comes just days after the European Commission responded on 2 February 2026 to a previous inquiry. On that occasion, the EU executive confirmed it was still reviewing observations submitted by the Maltese government concerning the national legislation under scrutiny.
Brussels says it will decide the next steps after analysing Malta’s arguments, but has set no deadline.
The lack of a timeline led Schirdewan to submit another question. He wants clarity on the Commission’s decision date.
The “Bill 55” case and amendments to the Gaming Act
The dispute is over a 2023 amendment to Malta’s online gambling laws, called “Bill 55”, now part of the Gaming Act.
The provision allows Maltese courts to refuse recognition or enforcement of certain judicial decisions issued by courts in other EU Member States against Malta-licensed online gambling operators.
The law allows Maltese judges to refuse the enforcement of foreign rulings. This applies if they believe the rulings go against Malta’s public policy or gaming sector rules.
The law was introduced at a time when several legal claims were being filed across Europe against Malta-licensed online gambling operators.
Potential conflict with European Union law
According to the European Commission, Malta’s provision may conflict with Regulation (EU) No. 1215/2012, or Brussels I bis Regulation, which governs jurisdiction and the recognition and enforcement of civil and commercial judgments across the EU.
The EU system relies on mutual trust between Member State courts. Under this system, court judgments issued in one Member State are recognised and enforced across the EU, with exceptions only for limited public policy cases.
Brussels argues that Malta’s amendment could undermine this system of judicial cooperation.
In June 2025, the European Commission started an infringement procedure against Malta, asking the Maltese government to explain the law’s relation to EU rules.
Malta’s position and defence of its regulatory model
The Maltese authorities defend the provision’s legitimacy, arguing it does not give blanket immunity to companies with Maltese gaming licences.
The Maltese government says the law restates an EU principle: a Member State can refuse to enforce a foreign judgment if it conflicts with its national legal order. The law protects Malta’s online gambling regulatory model, allowing operators based in Malta to serve international markets under its system.
A case closely watched by the European gaming industry
The dispute between Brussels and Malta is being closely watched by the European online gambling industry. Malta is one of the main regulatory hubs for iGaming hubs in Europe and is home to many international operators in the digital gambling market.
The outcome of the infringement procedure could have significant implications on the European gaming industry. This is especially true regarding the balance between national rules and the EU’s principle of mutual recognition of court decisions.
Once the Commission completes its review of Malta’s arguments, it will decide whether to close the case or take further action, which could include referring the case to the Court of Justice of the European Union. Industry observers are awaiting a clear timeline for the Commission’s decision, as it could clarify one of the most sensitive legal debates regarding the relationship between national gambling regulation and European law.
This article was first published in Italian on 9 March 2026.
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