EU court rules states may ban Malta-licensed online games and allow refunds
In Case C-440/23 on 16 April 2026 the CJEU held that EU law allows national bans on MGA-licensed online games and civil claims to recover stakes.
By Oliwer Brewitz, Head of Marketing
Key changes
- MGA licence does not prevent another EU state from banning the games
- National bans can be justified by consumer protection
- Contracts may be void and stakes reclaimable under national law
- Player's participation alone does not amount to abuse of rights
What changed
On 16 April 2026 the Court of Justice of the European Union gave judgment in Case C-440/23. The case concerned two Malta-established, MGA-licensed operators offering online slot games and lottery betting to a player in Germany, whose claims were assigned to a company that sued in a Maltese court. The Court held that EU freedom to provide services does not preclude Germany's former ban on these games, even though the operators held a licence in another Member State, as each state may set its own level of protection. A licence elsewhere does not by itself make a ban inconsistent. EU law also does not preclude treating such contracts as void or a civil claim to recover lost stakes, which is governed by national law.
What it means for advertising
The judgment confirms that an MGA licence does not give a right to offer or market services in other EU states. Marketing Malta-licensed products into markets where they are not authorised carries the risk of the underlying contracts being void and stakes being reclaimable. This is likely to make cross-border display, video/CTV and DOOH campaigns into unlicensed EU markets harder to justify.
What operators should do
Restrict advertising and geo-targeting to markets where you hold a local licence or where the offer is otherwise lawful. Review historic exposure in markets that banned your products during the period you were active there. Update legal risk assessments and financial provisions for player-loss claims, and make sure affiliate agreements prohibit promotion of your brands into markets where you are not authorised to offer them.
Full rules: Malta regulation brief · All Malta updates