Advocate General finds Article 56A clearly incompatible with EU law
In Case C-683/24 on 23 April 2026, AG Emiliou said Malta's Article 56A is clearly incompatible with Brussels I bis. The opinion is not binding.
By Oliwer Brewitz, Head of Marketing
Key changes
- AG opinion delivered 23 April 2026 in Case C-683/24
- Primary proposal: questions inadmissible
- Alternative view: Article 56A clearly incompatible with Brussels I bis
- Opinion not binding; judgment to follow
What changed
On 23 April 2026 Advocate General Nicholas Emiliou delivered his opinion in Case C-683/24 (Spielerschutz Sigma), a reference from an Austrian court about Article 56A of the Gaming Act, the provision introduced through Bill 55. Article 56A bars Maltese courts from recognising or enforcing foreign judgments against Malta-licensed operators based on the illegality of their services in another Member State where those services were lawful in Malta. The Advocate General proposed that the Court should not answer the questions, as they were not needed to decide the Austrian case. In the alternative, he said the provision is clearly incompatible with the Brussels I bis Regulation, and that economic concerns for a national industry do not justify the public policy exception. The opinion does not bind the Court.
What it means for advertising
The opinion does not change Maltese law or advertising rules. It adds to the signs that Article 56A may not protect operators against judgments obtained by players in other EU states. Operators running cross-border campaigns into markets where they do not hold a local licence are likely to see this as increased legal risk, alongside the April 2026 judgment in Case C-440/23.
What operators should do
Monitor the Court's eventual judgment in Case C-683/24 and the European Commission's infringement proceedings against Malta. Do not base marketing plans or claims strategy on the assumption that Article 56A will continue to apply. Review cross-border advertising, affiliate activity and geo-targeting for markets without a local licence, and keep legal advice on pending and potential player claims up to date.
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