News

Well over €75 million in losses from illegal online gambling providers has already been recovered through our litigation funding. At the same time, the non-payment of legally binding judgments by a number of illegal providers is an issue that continues to be combated. Notably, the providers Pokerstars, Mr. Green, 888, William Hill, and Lottoland can be identified as “notorious payment defaulters.”

We have already reported multiple times on the enforcement measures taken and their progress, as well as the general developments in the matter (news article 02/2024 and 08/2024).

A brief description of the information from these articles in bullet point form:

• Illegal online gambling providers from Malta have been refusing payment of legally binding judgments for over 3 years, despite enforceable repayment obligations.
• A large number of model enforcement proceedings have been initiated in Malta. The providers argue against enforcement with an alleged violation of Maltese fundamental law (“ordre public”) – an argument that both our Austrian and Maltese lawyers for the injured parties dispute.
• In July 2023, the Maltese Parliament then enacted a new law, the ominous “Bill 55”: this is intended to prevent the enforcement of foreign judgments against gambling providers with a Maltese license, but according to experts, it clearly violates EU law.

What has happened since then?

After the submission of the issue to the European Court of Justice (ECJ) was refused in Malta (what a surprise?), it has been possible to initiate two preliminary ruling proceedings from Austria before the ECJ (C-198/24 and C-683/24). Within the framework of these proceedings, the ECJ comments on the questions posed and the interpretation of European law (specifically, the European Enforcement Regulation) and its influence on national law. The expectation here is that the ECJ will clearly comment on Bill 55 and declare it to be in violation of European law. The national courts (including those in Malta) must follow these preliminary rulings of the ECJ.

At the end of February 2025, the first judgment in an enforcement proceeding was issued in Malta, parallel to this. The proceeding was financed by AdvoFin. Judge Depasquale ruled in this proceeding that the enforcement of an Austrian judgment violates Maltese fundamental law and that gambling providers licensed in Malta are permitted to offer their services worldwide with this license. This is a judgment that, according to our lawyers, contradicts the valid European as well as Austrian legal situation. The appeal against this judgment is mandatory and was filed promptly. We now await the continuation of the proceedings in the second instance.

Are there also positive aspects in this matter?

YES!

• The judgments are enforceable for 30 years.
• Likewise, claims for reimbursement of losses from illegal online casinos in Austria are actionable for 30 years. Thus, there is currently no threat of the claims expiring.
• AdvoFin clients can rely on our steadfastness. Thus, the participation rate remains unchanged even when enforcement measures are initiated and does not increase, which indeed happens with many of our competitors (higher participation rate in case of enforcement).

What does all this mean now, and what happens next?

We currently expect a swift decision in the ECJ preliminary ruling proceedings – the factual and legal situation here is very clear from our lawyers’ perspective. This means that by mid-2026 at the latest, an important statement from the ECJ regarding Bill 55 and the enforceability of Austrian judgments should be issued.

These preliminary rulings will then have a significant impact on the other enforcement proceedings in the first instance, as well as the appeal proceedings. The courts in Malta must respect the decisions of the ECJ. If these are ignored, an infringement procedure by the European Commission against Malta can be expected. At that point at the latest, the case will also have a significant political component.

We must therefore continue to ask our clients for patience. The gambling industry, the government, and the courts in Malta are fighting to prevent enforcement. This is with obvious economic ulterior motives to protect Malta as a location – the gambling sector contributes well over 12% to the country’s economic output.

We will, of course, keep you informed and continue to fight for your claims!

AdvoFin – we take care of your claims and ensure your rights!