Home Gambling RegulationsAustrian Gambling Law Postponed After Malta’s Intervention

Austrian Gambling Law Postponed After Malta’s Intervention

by Sienna Marques
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Austrian Gambling Law Postponed After Malta's Intervention

Austria's eagerly anticipated gambling reform has been put on hold at the EU level due to an intervention from the Maltese government. The proposed amendments aimed at dismantling Austria's online gambling monopoly were set to pass the EU notification period on Thursday, November 5. However, a detailed opinion from Malta issued on Wednesday morning automatically extended that deadline to December 7.

This delay necessitates swift action from the Austrian government to ensure the legislation is approved before it takes effect next year. Nevertheless, industry stakeholders do not expect significant interruptions to the parliamentary schedule. "In principle, the timeline remains the same: the passage of the amendments is still expected before Christmas 2026," stated Arthur Stadler, a gaming lawyer based in Vienna.

Stadler added that for operators considering applying for one of Austria's new iGaming licenses, the period between the law’s ratification and its implementation on January 1, 2027, will be quite limited.

The Austrian Association of Betting and Gaming (OVWG) expressed their anticipation regarding Malta's intervention. "We had anticipated a detailed opinion, as we also have concerns about certain provisions of the current Austrian draft law," noted OVWG president Simon Priglinger-Simader. The association is engaged in dialogue with Austrian policymakers to address these concerns and aims to set up favorable regulatory conditions for a competitive online gambling market under Austria’s new open licensing system.

At present, only one online casino and lottery license exists in Austria, held by Win2Day, a subsidiary of Austrian Lotteries. Many brands, however, continue to operate under licenses from other EU jurisdictions, including Malta.

According to the new gambling act, cross-border operators must observe a nine-month "cooling-off period" to qualify for an Austrian iGaming license. Operators in this category must suspend online services for Austrian clients by December 31 this year, or they will face an extended 18-month blackout. Additionally, they must settle player claims and pay backdated taxes.

Despite the outlined challenges, Austrian public affairs consultant Felix Geyer expressed skepticism about whether this intervention will strategically benefit grey market operators. "What I would like to ask is cui bono?" he told iGB. "It will not delay the process of the legislation since it was planned for December 9–11 regardless. The regulator is likely to view it as an act of spite, leaving me to wonder if it's the wisest initial move for Malta-based operators to upset their new regulator."

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