Austria's new gambling legislation faces a delay at the EU level due to an intervention from the Maltese government. The amendments aimed at abolishing Austria's online gambling monopoly were expected to complete the EU notification phase by Thursday, November 5. However, on Wednesday, a comprehensive opinion from Malta led to an automatic extension, pushing the deadline to December 7.
This postponement requires the Austrian government to act swiftly to ensure the law is passed before its expected implementation next year. However, industry stakeholders do not anticipate significant disruptions to the legislative schedule.
Arthur Stadler, a Vienna-based gaming attorney at Stadler Partner, stated, "In principle, the timeline remains the same: the passage of the amendments is still expected before Christmas 2026." He noted that for operators planning to apply for one of Austria's new iGaming licenses, the period between ratification and the law's effective date of January 1, 2027, will be quite limited.
The Austrian Association of Betting and Gaming (OVWG) expressed expectations that Malta would voice concerns regarding the proposed legislation. "We had anticipated a detailed opinion, as we also have concerns about certain provisions of the current Austrian draft law," said OVWG president Simon Priglinger-Simader. He emphasized that maintaining discussions with Austrian policymakers is crucial to ensure a solid regulatory framework for a competitive online gambling market.
Presently, the exclusive license for Austria's online casinos and lotteries is held by Win2Day, a subsidiary of Austrian Lotteries. However, many brands operate in the country using licenses from other EU jurisdictions, including Malta.
Under the new gambling act, these cross-border operators will face a nine-month "cooling-off period" to qualify for an Austrian iGaming license. This implies that they need to cease online casino services for Austrian patrons by December 31 this year, or they will confront an extended 18-month blackout. Moreover, operators will have to resolve player claims and backdated taxes.
Despite the apprehensions raised, public affairs consultant Felix Geyer expressed skepticism about whether this intervention would significantly aid grey market operators. "What I would like to ask is cui bono," he commented. "It will not delay the process of the legislation since it was planned for 9–11 December regardless. The regulator will likely view this as a spiteful action, and I question if this is the most strategic choice for Malta-based operators toward their new regulator.",
