Home Gambling RegulationsAustrian Gambling Law Postponed Due to Malta’s Intervention

Austrian Gambling Law Postponed Due to Malta’s Intervention

by Sienna Marques
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Austrian Gambling Law Postponed Due to Malta's Intervention

The rollout of Austria's long-awaited gambling law has been postponed at the European Union level due to a response from the Maltese government. Amendments to the act—set to dismantle Austria's online gambling monopoly—were initially expected to navigate through the EU notification process by Thursday, November 5. However, a detailed opinion from Malta on Wednesday morning triggered an automatic delay, extending the deadline to December 7.

This extension necessitates prompt action from the Austrian government to enact the legislation before it takes effect next year. Despite the postponement, industry stakeholders anticipate that parliamentary proceedings will proceed without significant disruption.

Arthur Stadler, a gaming attorney based in Vienna at Stadler Partner, stated, "In principle, the timeline remains the same: the passage of the amendments is still expected before Christmas 2026." He added that operators contemplating an application for one of Austria's forthcoming iGaming licenses will face a tighter timeline between the ratification of the amendments and their enforcement on January 1, 2027.

The Austrian Association of Betting and Gaming (OVWG) expressed its anticipation of Malta's involvement regarding the bill. OVWG president Simon Priglinger-Simader noted, "We had anticipated a detailed opinion, as we also have concerns about certain provisions of the current Austrian draft law." The association emphasizes its commitment to maintaining an ongoing dialogue with Austrian authorities to ensure optimal regulatory conditions for a competitive online gambling market under the new licensing system.

Currently, Win2Day, a subsidiary of Austrian Lotteries, holds the exclusive online casino and lotteries license in Austria, although several brands operate within the market under licenses from other EU jurisdictions, including Malta.

The proposed gambling law outlines that cross-border operators will face a nine-month “cooling-off period” before qualifying for an Austrian iGaming license, compelling them to cease their online casino services for Austrian patrons by December 31 of this year. Failing to comply would result in an extended 18-month hiatus and liabilities for player claims and back-dated taxes.

Public affairs consultant Felix Geyer has voiced skepticism regarding the strategic merit of Malta's intervention for grey market operators. He noted, "What I would like to ask is cui bono. It will not delay the process of the legislation since it was planned for 9–11 December regardless. The regulator will most likely see it as an action taken out of spite, and I wonder whether it is the smartest choice for a first formal action for Malta-based operators to annoy their new regulator."

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