A decision from a top court in Austria is likely to have far-reaching implications for the iGaming industry in Europe and beyond after it rules executive directors must be made to bear responsibility for gambling losses accrued at companies operating without a licence in the country.
The Supreme Court of Austria (Oberster Gerichtshof, OGH) said judges may invoke safeguards under the 1989 gambling law and hold individuals accountable when corporate claims fail. The news comes as Malta continues to defend Bill 55 (Article 56A of the Malta Gaming Act), which is a 2023 law protecting Malta-licensed online gambling operators from foreign court judgments regarding claims of illegal gambling
Judgment arrives after European Court of Justice ruling on member states resolving gambling issues
The decision underscores stricter enforcement trends following recent EU-level legal developments, and builds on momentum from the European Court of Justice’s Bwin Liga/Santa Casa case, which many EU countries have cited to justify tighter national control or state monopolies over gambling.
It found EU countries may restrict cross-border gambling services to protect public interest objectives such as consumer protection and fraud prevention. It added: “In view of the very nature of online gambling which does not allow itself to easily locate its holding in a precise physical place, it is appropriate to consider that these games took place at the place of the player’s usual residence,”
Across Europe, governments are revisiting gambling laws, with countries like Denmark and France weighing licensing frameworks that balance market access with compliance requirements. The European Commission is also reviewing multiple national regimes for alignment with EU law.
Elsewhere, Poland has advanced strict legislation to curb gambling activity and raise taxes, while Greece has paused a controversial winnings tax and may consider broader reforms. Germany and Northern Ireland are also assessing potential regulatory changes, though progress is expected to be slow.
Legal disputes continue to test EU principles, including challenges by operators such as Betfair and Ladbrokes over market access restrictions. There appears to be a growing tension between national regulation and EU-wide competition rules.
Malta remains focused on protecting Bill 55
A legal dispute involving Malta-based bookmaker Tipico has added further scrutiny to cross-border gambling rules in the EU, following an opinion from a senior adviser to the Court of Justice of the European Union. Advocate General Nicholas Emiliou said operators offering services without a required national licence “may be obliged to refund the stakes collected from players.”
The case centers on a German customer seeking to recover losses incurred between 2013 and 2020, when Tipico operated under a Maltese licence but lacked approval in Germany. Under German law, such contracts can be deemed void.
Emiliou said the claim “appears, in principle, to be well founded,” though Tipico argues it could not obtain a German licence due to procedural issues. The opinion is not binding but could influence future rulings tied to Malta’s controversial Bill 55.
Malta has a strong economic incentive to defend Bill 55, as its regulated online gambling sector is a major contributor to jobs, tax revenue and foreign investment. By shielding locally licensed operators from foreign enforcement, authorities aim to preserve the island’s position as a leading EU gaming hub and provide legal certainty for companies based there.
Bill 55 blocking more than 50,000 cases in Europe
Authorities in Austria, Germany, Sweden and the Netherlands are grappling with a surge in consumer complaints linked to illegal gambling, many tied to Malta-based operators deemed unlicensed in local courts.
As of March 2025, tens of thousands of claims were underway, including around 50,000 cases in Germany and Austria. Vienna-based firm G&L Legal alone were handling more than 15,000 claims involving major industry players.
Attorney Karim Weber said in an interview last year that Austria’s Supreme Court had ruled in favor of his clients in hundreds of cases. However, Maltese courts had yet to enforce more than 200 of those judgments, leaving claimants unpaid. She added: “If the contract is illegal, it is null and void. It is the same as if you were to sell me two kilos of cocaine today. The contract would be null and void under civil law.”
The Austrian court ruling will intensify legal and political pressure on Bill 55 and Malta, as courts, regulators and governments grapple with how to balance consumer protection with cross-border market access.
Thousands of cases remain unresolved and billions are potentially at stake, while further challenges are likely to test the limits of EU law. For operators, regulators and policymakers alike, the outcome could reshape how liability, licensing and accountability are applied across the bloc.
