MEP Alex Agius Saliba has called on the Commissioner responsible for the internal market, Michael McGrath, to take action against Austrian civil courts, primarily regarding how they are breaching European law in relation to several gaming companies registered in Malta, the Labour Party said Wednesday.
This follows serious concerns expressed by a number of gaming companies licensed by the Malta Gaming Authority about the legal decisions being made by Austrian civil courts, the statement said. Several gaming companies have presented a series of rulings issued by the Austrian Supreme Court and the District Court of Salzburg, which extend jurisdiction beyond Austria’s territorial borders.
In particular, judgments in favour of Austrian players are being enforced against assets located in Malta, held by companies licensed by the Malta Gaming Authority and by third-party entities acting on their behalf. This practice bypasses the enforcement procedures established under European law and undermines the principle of territoriality in international law.
Another separate case involves a ruling by the Austrian Supreme Court that declared the District Court of Salzburg as the competent authority to enforce a judgment requiring a Malta-licensed gaming company to reimburse gambling losses incurred by an Austrian player. These decisions by Austrian judicial authorities on an entity regulated in Malta have raised serious questions about jurisdictional sovereignty. Even worse, they denied the Maltese entities the right to respond and be heard, completely excluding them from the judicial process.
MEP Alex Agius Saliba stated that “this practice is unacceptable and constitutes a serious interference in Malta’s sovereignty while compromising the integrity of its regulatory framework. At the same time, it undermines trust in Austrian institutions and creates a dangerous precedent in how enforcement is carried out within the Union.”
Agius Saliba called on the European Commission to take steps, investigate the matter, and clarify whether these enforcement practices by Austria are compatible with European law. “Only in this way can we offer reassurance to the affected companies and find solutions to safeguard the gaming industry in Malta,” concluded Agius Saliba.
