Gaming Industry Legal Cases Discussed by Dr. J.P. Gauci Maistre
Cracking the Case on Gaming Law
Dr. Franklin Cachia's podcast series, produced in collab with CBS Group, took an exhilarating turn with the addition of Dr. JP Gauci-Maistre, director-general at Guaci-Maistre Xynou. Two emotional rollercoasters have been unleashed by Maltese First Instance Civil Court judgments, rejecting Austrian court judgments against Malta-based gaming operators. Local players were attempting to recover gambling losses, but Maltese courts stood faint-hearted towards them.
"It's been a rollercoaster", Dr. Gauci admits, referring to the aforementioned decisions. He further explains, "They weren't just ordinary decisions, these were more comprehensive."** The reasoning was founded on Malta's broader public policy, a concept that can be convoluted but crucial in these scenarios.
Public policy, as Dr. Gauci puts it, "is essentially what the State considers its economic direction and collective interest." It can even align with the country's policy, as was evident in these decisions.
These Maltese court judgments comprehended the potential damage to Malta's gaming regulatory framework, a cornerstone of the country's economy. "The judge considered all sides", says Dr. Gauci forcefully, referencing the extensive deliberation evident in a 66-page decision.
The ongoing tussle in the gaming sector between pan-European principles and national sovereignty has come into sharp focus. Austrian courts, entrenched in a monopolistic system, have clashed with operators licensed in Malta. However, Maltese courts recognized that the Austrian decisions clashed with local legislation and Malta's national interest.
Article 56A of the Gaming Act dismissed the responsibility of operators and their representatives for such claims. But the judge went a step further, arguing that even without Article 56A, he would still not apply the foreign judgments based on public policy.
The decisions are currently being appealed and Gauci underlines the ongoing nature of this drama, "This story is far from over." Submissions for potential jurisprudence have been presented to the Court of Justice of the European Union to decide if national legislations align with EU treaties.
References that could set precedents have been submitted to the European Union Court of Justice to evaluate if national legislations are consistent with EU treaties. EU laws and principles like the freedom of service provision are at odds with national sovereignty in governing sectors such as gaming.
Gauci emphasizes the complexity and relevance of these events, "It's not just about a single law. It's about understanding national interest, license validity, and Malta's position within the European Union." As the gaming sector continues to evolve, legal clarity and regulatory alignment become increasingly essential.
Attend SiGMA Euro-Med in Malta to join the experts, regulators, and operators debating the future of the gaming industry.
"In light of the ongoing dispute, it seems the intersection of personal-finance and business matters significantly, as gamblers' claims for retrieving losses hinge on the outcome of these court decisions," Dr. Gauci opines.
"Moreover, the involvement of the Court of Justice of the European Union in evaluating national legislations' consistency with EU treaties points towards the intersection of financial aspects and the broader scope of international law and policy in the gaming industry," he further clarifies.
