Discourse: Dr. JP Gauci Maistre discusses the expectations within the video game sector
Firing Up the Debate: Gaming Law Uncertainty in the EU
The lively podcast Decoding Gaming Law, presented by Dr. Franklin Cachia, recently featured Dr. JP Gauci-Maistre, general director of Guaci-Maistre Xynou. The discussion revolved around two groundbreaking Maltese court rulings that thwarted attempts by Austrian players to enforce judgements against Maltese gaming operators. Here's the breakdown.
Historic Maltese Court Decisions
Dr. Gauci summed up the whirlwind situation, "Owing to these unexpected rulings," he explained. The Maltese First Hall Civil Court effectively nullified Austrian court judgments against Maltese gaming operators, thus safeguarding Malta's booming gaming industry. According to Gauci, these decisions demonstrated a more comprehensive, holistic approach, considering not just the law, but Malta's broader public policy.
Public Policy at the Heart of Gaming Law
Public policy, Gauci clarified, represents the state's perceived economic direction and public interest. "A government's manifesto can effectively become a country's public policy," he noted. The Maltese courts determined that enforcing Austrian judgments could jeopardize Malta's gaming framework, significantly impairing the country's economy.
The Tussle Between Gaming Laws and EU Principles
Dr. Gauci also delved into the tension between EU principles, such as the freedom to provide services, and national sovereignty in governing sectors like gaming. Austrian courts, operating within a monopolistic system, clashed with operators based in Malta. However, Maltese courts contended that these foreign judgments clashed with Malta's legal protections and public interest.
The Saga Continues
These rulings are currently under appeal, and as Gauci pointed out, this remains "an ongoing case." Preliminary references have also been made to the Court of Justice of the European Union (CJEU) to assess the compatibility of national laws with EU treaties. Additionally, the debate centers on how unresolved player claims can affect insolvency procedures in Malta.
Shaping the Future of Gaming
Dr. Gauci emphasized the importance of understanding not just Maltese gaming law but also the general interest of the country, the validity of licenses, and Malta's position within the EU. As the gaming landscape evolves, legal clarity and regulatory harmonization are more crucial than ever. Join us at SiGMA Euro-Med in Malta this September to discuss and shape the future of gaming alongside leading experts, regulators, and operators.
[1] https://www.legalaffairs.org/en/2021/06/16/malta-austria-gaming-conflict/[2] https://gaminginnovationgroup.com/news/breaking-down-the-importance-of-the-maltese-courts-decision-on-enforcement-of-foreign-judgments-from-the-perspective-of-a-licensed-operator/
- In the ongoing battle between gaming laws and European Union principles, the debate also includes the intersection of finance, business, and technology, as these sectors are heavily involved in gaming operations and regulation.
- Moving forward, it is crucial to consider the impact of technology and financial developments on the gaming industry, especially in shaping future regulations, which can be discussed at events like SiGMA Euro-Med in Malta, where leaders in finance, business, and technology gather to address the future of gaming.
