Austria’s plans for significant gambling legislation have hit a snag at the EU level due to an intervention from the Maltese government. Originally set to complete the EU notification period on November 5, the proposed amendments to end Austria’s online gambling monopoly were delayed when Malta provided a detailed opinion on the bill Wednesday morning. This development extends the review period to December 7.
The Austrian government now faces a pressing timeline to pass this legislation ahead of its expected implementation next year. Nonetheless, industry stakeholders believe that the parliamentary process should remain largely unaffected.
Arthur Stadler, a gaming lawyer at Stadler Partner based in Vienna, noted, “In principle, the timeline remains the same: the passage of the amendments is still expected before Christmas 2026.” However, he did caution that for operators considering an application for Austria's new iGaming licenses, the time frame between when the legislation is ratified and when it takes effect on January 1, 2027, will be significantly compressed.
The Austrian Association of Betting and Gaming (OVWG) expressed anticipation regarding Malta's intervention, with president Simon Priglinger-Simader indicating that they foresaw potential concerns about specific aspects of the draft law. “We had anticipated a detailed opinion, as we also have concerns about certain provisions of the current Austrian draft law,” he explained. The OVWG has been in active discussions with Austrian policymakers to ensure that a fair regulatory environment is established under the forthcoming open licensing system for online gambling.
Presently, the only online casino and lottery license in Austria is held by Win2Day, a subsidiary of Austrian Lotteries, though several operators are active under licenses obtained from other EU jurisdictions, including Malta.
As stipulated by the new gambling act, these cross-border operators will be subjected to a nine-month “cooling-off period” to qualify for an Austrian iGaming license. This mandates that they deactivate their online casino services for Austrian customers by December 31 of this year, or risk a more extended 18-month interruption. Additionally, these operators will be required to resolve outstanding player claims and settle back taxes.
Despite these regulatory challenges, Felix Geyer, an Austrian public affairs consultant, remains skeptical about the potential advantages for operators in the gray market. He posed a critical question: “What I would like to ask is cui bono?” Geyer believes that the timing of Malta's action might not hinder the legislative process since it was scheduled for December 9-11 regardless. He speculated that regulators might view Malta’s intervention as a petulant move, questioning its effectiveness as a strategic maneuver from Malta-based operators.
