A group of Dutch jurists have sent a letter to Legal Protection Minister Franc Weerwind calling on the Dutch Government to take action against Bill 55, the controversial law which protects gambling companies in Malta in some respects.
In recent months, there has been great attention to Bill 55, Malta's controversial new gambling law. A few months ago , Malta passed the Gambling Act Bill 55 . Thanks to this new legislation, Malta-based online casinos can ignore foreign rulings if no violation of Maltese law has been found. In practice this means that damages claims awarded in other European countries because gambling companies operated there without a license can be ignored.
The provision has triggered the reaction of the lawyers of Germany and Austria who have opposed the law. At the end of July, the European Commission announced that it will review Malta's new gambling law.
In recent days some Dutch lawyers have sent a letter to the minister in which they say they are convinced that the Maltese law on gambling is in conflict with EU law:
“It goes against EU law and the foundations on which the EU is built, namely the principles of mutual recognition and cooperation. Gaming Bill 55, in addition to an interference in the independent judicial and legislative system in the Netherlands, also constitutes an interference by the judiciary in Malta. After all, attempts are being made to prevent the Maltese judges from recognizing and enforcing the sentences of Dutch, German and Austrian judges. “
The lawyers are calling on the government to take action to address this situation. Furthermore, the lawyers write, they want gambling companies that fail to comply with the rulings to lose their Gaming Authority license:
“We call on the Dutch government to defend the interests of this group of Dutch people and to ensure (via the European Commission) that Malta respects the rule of law as has been practiced in the EU treaties. We also call on the government to ensure that companies that do not comply with the Dutch rulings lose their permits and/or are no longer entitled to a permit."
