In a context where the online gambling industry is evolving at great speed, a major legal upheaval is taking shape: the possibility for European judges to freeze the assets of gambling operators. This measure comes at a time when the issues of regulation, player protection and the recognition of transnational judicial decisions are coming up against obstacles.
The facts at the origin: a dispute between a player and an operator
The story begins almost four years ago, when an Austrian-based player won a judgment against an online gaming operator, Mr Green Limited. The operator was running an online casino without a valid licence for Austria. The player had lost €62,878 and, after a lengthy legal process, an Austrian court ruled in his favour: the operator had to refund this sum. The ruling became final in April 2022.
But the case did not end there: the operator refused to pay and sought to avoid its obligations. The player then applied for a European Account Preservation Order (EAPO), a mechanism enabling a European court to freeze the company’s assets before they were transferred or squandered. The Austrian court then asked the Court of Justice of the European Union (CJEU) in Vienna for a preliminary ruling: can a judge order such a freeze when the operator is based in Malta and Maltese legislation does not necessarily recognise the judgements of other Member States?
The opinion of the Advocate General of the CJEU
On 30 October 2025, the Advocate General of the CJEU, Nicholas Emilou, delivered his opinion on this crucial case. He took the view that, yes, European judges can authorise an asset freeze (an EAPO) against a gambling operator, where there is a real risk of concealment, transfer or flight of funds.
A major factor in the analysis is that Maltese legislation – in particular Bill 55, under which foreign judgments against Maltese companies are not automatically enforced – is a strong indicator of this risk. In other words: if the Malta-based operator can escape foreign court judgments, this strengthens the justification for the freeze.
This opinion is not a final decision, but it gives a strong direction to European case law and marks a first step towards tougher regulation of the gambling industry.
Why is this decision important?
The online gambling sector is largely international: operators based in one country, players in another, licences granted in a third. Malta has long been a hub for online casinos in the EU, and its legislation has come under criticism when an operator ignores a ruling from another Member State.
By authorising the freezing of a gaming operator’s assets, European judges are strengthening the means of enforcement against companies that fail to meet their legal or contractual obligations to players or regulators. This legal move highlights a number of issues:
- Consumer protection: when a player obtains a favourable ruling, freezing the operator’s assets improves the chances of recovery.
- Market regulation: national and European authorities gain a tool for punishing unscrupulous operators.
- Cross-border governance: this strengthens cooperation between Member States and limits regulatory shopping, i.e. the choice of a State with laxer regulations as a location for a company.
The case of Malta: a political and legal issue
One of the central issues in this case is the Maltese Bill 55 legislation (adopted in July 2023), which allows operators licensed in Malta not to automatically recognise judgements handed down in other Member States.
This provision has provoked strong discontent among regulators and courts in other Member States, notably the Netherlands. Players who have obtained a judgment are blocked because the Maltese operator refuses to execute the judgment or to cooperate. This has prompted the Lower House of the Netherlands to call on the government to take action against these practices.
The European Commission is also examining the case. The article notes that the EU executive has opened an investigation to check whether Maltese legislation runs counter to the fundamental principles of EU law (notably the mutual recognition of judgements).
This situation illustrates the dilemma: on the one hand, the Maltese economy is heavily dependent on the gambling sector (estimated at around 10% of the national economy). On the other, the integrity of the single market and the rights of gamblers in the EU require that judgements be respected and enforced effectively.
A paradigm shift for online gambling
The possible authorisation by the CJEU for European judges to freeze the assets of gambling operators marks a turning point in the regulation of the industry. It strengthens the rights of players, the arsenal of regulators and the integrity of the single market. The era of the invincible casino may be showing its limits.