European Commission opens infringement case over Malta's Article 56A
The Commission sent Malta a letter of formal notice on Article 56A of the Gaming Act (Bill 55); the MGA responded on 18 June 2025.
By Oliwer Brewitz, Head of Marketing
Key changes
- Letter of formal notice sent to Malta on Article 56A in June 2025
- MGA statement of 18 June 2025 defends the provision
- MGA says no blanket ban on enforcing EU judgments
- Malta to engage with the Commission on the proceedings
What changed
In June 2025 the European Commission sent Malta a letter of formal notice, the first step of infringement proceedings, about Article 56A of the Gaming Act (Chapter 583), introduced in 2023 through Bill 55. The provision restricts recognition and enforcement in Malta of foreign judgments against Malta-licensed operators where the services were lawful under Maltese law. In its statement of 18 June 2025 the MGA said Article 56A does not impose a blanket ban on enforcing European judgments and does not shield licensees from proceedings in other EU courts. It said the provision reflects the public policy exception in the Brussels I Recast Regulation (EU) 1215/2012 and adds no new grounds for refusal. The MGA said it would support the government's dialogue with the Commission.
What it means for advertising
The infringement case does not change advertising rules in Malta. It does raise the legal risk of marketing Malta-licensed services into EU markets where they are not locally licensed. Operators that rely on Article 56A as protection against player-loss claims are likely to treat cross-border display, video/CTV and DOOH campaigns into such markets with more caution while the proceedings continue.
What operators should do
Map which EU markets you market into without a local licence, including through affiliates. Assess exposure to player-loss claims in those markets and do not assume Article 56A will stop enforcement of foreign judgments. Align media plans and geo-targeting with the licences you hold in each target market, and follow the government's response and any further steps by the Commission.
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