EU court says Malta's enforcement bar can support account freezing orders
In Case C-198/24 on 21 May 2026 the CJEU held that a law hindering enforcement in the debtor's state can support a European Account Preservation Order.
By Oliwer Brewitz, Head of Marketing
Key changes
- Judgment delivered 21 May 2026 in Case C-198/24
- Debtor's conduct over several years can be considered for urgency
- A law in the debtor's state impeding enforcement is a relevant factor
- Court refers to Malta's June 2023 restriction on enforcing foreign judgments
What changed
On 21 May 2026 the Court of Justice gave judgment in Case C-198/24 (Mr Green), a cross-border gambling dispute involving a Malta-licensed operator. The case concerned the urgency test for a European Account Preservation Order under Regulation (EU) No 655/2014, which lets a creditor freeze a debtor's bank accounts in another Member State. The Court held that a court may consider the debtor's conduct over a number of years before the application, and whether the debtor's Member State has a law capable of impeding enforcement of the claim. The Court's press release notes that since June 2023 Maltese law has prohibited enforcement of foreign judgments against Malta-licensed gambling operators.
What it means for advertising
The ruling does not change advertising rules. It means that the existence of Article 56A may make it easier, not harder, for players in other EU states to freeze operators' bank accounts in claims arising from services offered where the operator had no local licence. This is likely to increase the financial risk of marketing into such markets through display, video/CTV or DOOH.
What operators should do
Review exposure to pending player claims and identify which bank accounts could be subject to preservation orders. Factor account preservation risk into treasury planning and into decisions about which EU markets to advertise into. Keep evidence of the licences held for each market where you have run campaigns, and check that affiliates are not promoting your brands where you are not authorised.
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