The Advocate General of the Court of Justice of the European Union (CJEU) has issued a legal opinion stating that consumers who participated in unlicensed online gambling services from another EU Member State may still recover their losses under national law.

This development comes in Case C-440/23 (FB v European Lotto and Betting Ltd and Deutsche Lotto Und Sportwetten Ltd), a dispute that highlights the complex relationship between European gambling law and national iGaming regulation.

Background of the Dispute

The case originates from a complaint filed in Germany between 2019 and 2021, when a player sought to reclaim losses from online slot games offered by Lottoland. The player argued that such games were prohibited under German gambling law.

In 2023, the claim was reassigned to a new legal representative, FB, who filed fresh proceedings in the Maltese courts against operators licensed by the Malta Gaming Authority (MGA). Because the case raised questions about the compatibility of national gambling laws with EU freedoms, the Maltese courts referred it to the CJEU for clarification.

Advocate General’s Opinion on EU Gambling Regulation

The Advocate General concluded that the action taken by the player did not constitute an abuse of EU gambling law. Although his opinion is not legally binding, it carries significant weight in shaping the CJEU’s final decision.

The advice also resonates with similar cases involving German and Austrian players against Maltese gambling operators, where the freedom to provide services under Article 56 TFEU was central to the defense. In this instance, however, the Advocate General confirmed that the players’ claims were consistent with EU law.

Malta’s Bill 55 and Cross-Border Gambling Tensions

This opinion reignites debate around Malta’s Bill 55, a law designed to protect Malta-based iGaming companies from enforcement actions pursued in foreign jurisdictions. The MGA has defended the bill as a safeguard against “baseless legal challenges.”

In contrast, Germany’s GGL (Joint Gambling Authority) has repeatedly expressed concerns, arguing that the law conflicts with European gambling regulation, particularly Regulation (EU) 1215/2002 on the recognition and enforcement of judgments. While the GGL acknowledges that the final decision lies with the CJEU, it continues to pressure for stricter alignment between EU gambling law and national enforcement.

What This Means for European iGaming Operators

The Advocate General’s advice adds further uncertainty for European iGaming operators, especially those licensed in Malta who rely on EU freedoms to provide cross-border gambling services. With national regulators like the GGL challenging the scope of Malta’s protections, the case underscores the growing legislative volatility in EU gambling regulation.

Next Steps

A final ruling from the CJEU is expected in autumn 2025. The decision will be a landmark moment for online gambling regulation in Europe, potentially reshaping how cross-border disputes are handled and setting an important precedent for both regulators and iGaming operators across the EU.