Advocate General Nicholas Emiliou has advised the European Court of Justice (ECJ) that consumers seeking reimbursement of gambling losses from foreign operators are not abusing EU law, even when their claims challenge another member state’s restrictions.
In his opinion delivered on 4 September in case C-440/23, Emiliou concluded that refund claims are governed by national contract law rather than EU freedoms, meaning they fall outside the doctrine of abuse. The case arose when a German player sought repayment of losses from Malta-based operator Lottoland. Under German law, such contracts were illegal, prompting a claim now being tested in Maltese courts.
The operator argued that such claims undermine the EU’s freedom to provide services. However, Malta has already acted preemptively with Bill 55, passed in June 2023, to block foreign refund claims and prevent recognition of related foreign judgments.
Emiliou’s opinion goes further by clarifying that national courts may, in limited circumstances, review another member state’s laws for compliance with EU law. He stressed that this must be done with caution and only when there are clear indications of incompatibility. Such reviews, however, apply only to the specific dispute and do not invalidate foreign laws in general.
Although Advocate General opinions are non-binding, the ECJ often aligns with them when issuing final judgments. If adopted, this interpretation could significantly influence consumer redress rights, redefine the relationship between national autonomy and EU internal market freedoms, and reshape the landscape of cross-border gambling litigation in Europe.
The ECJ’s ruling, expected later this year, is being closely watched by operators, regulators, and consumer rights advocates across the European Union.
