3 months ago
But if that's the case, the ECJ is also examining how long it may take for a ruling in Malta. This won't gain them infinite time.
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Execution Pokerstars. Apparently, payment is not voluntary (page 118)
3 months ago
Unfortunately, that's wrong. The damage occurred where you were playing. This is where consumer rights come into play. So, in most cases, it's your home address if you're sitting in front of your PC or logged into your mobile phone at home with your associated IP address.
It would be different if you were to play with your cell phone in Malta. The damage would then occur in Malta, and you would have to file a lawsuit there. And so on.
Consumer law applies.
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3 months ago
Not at all. The ECJ will rule that the damage occurred in Malta.
Unfortunately, the chance has dropped to 0 and we have to accept that we will not get anything more
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3 months ago
Where do you get all your reliable information directly from the ECJ? That's completely dubious. What lawyer is supposed to know in advance how and what the ECJ will decide?
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3 months ago
All clairvoyants here.
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3 months ago
If I pay in Austria using an AT bank account, the damage cannot have occurred in Malta, can it?
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3 months ago
Please listen to me with such statements my lawyer said this said this... ??
Your lawyer has no idea, nobody knows what the ECJ will decide.
Of course, the ECJ can decide in favor of Austria or Malta, but that does not prevent the refund.
Bill No. 55 is illegal in the EU and will remain so. European rulings are recognized according to numerous experts and lawyers. Even a former EU judge has confirmed this. So please don't scare the people here. Thank you.
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3 months ago
Let's hope so
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3 months ago
If the damage occurred in Malta, why do casino lawyers always ask during court proceedings whether you gambled outside your home country? It doesn't make any sense. And the sentence "according to my lawyer, the ECJ will decide..." is the most ridiculous nonsense ever. Does your lawyer even know the lottery numbers for tonight?
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3 months ago
I think his lawyer studied law in Afghanistan.
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3 months ago
What bullshit. Luckily, we'll probably know more on April 9th or a few weeks after that. ????
I'm relatively positive that things will turn out well for us.
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3 months ago
And even if it doesn't, it's not the end of the world. Dr. Karim Weber wrote in his article that the chances are 50-50.
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3 months ago
According to my former lawyer, the chances that the ECJ will tear up Bill 55 are 90-95%. In 2009, the ECJ ruled that each country decides for itself how it implements the freedom to provide services with regard to online gambling and licensing, in connection with the protection of players. And since Malta is still a member of the EU, it has the power to approve European attachment orders from other EU states, etc.
This whole behavior was simply a way to buy time. The legal situation has been clear since 2009. Without a license, no points for such garbage, therefore illegal.
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3 months ago
Please correct me, but this case isn't about Bill 55 per se, only whether the refunds are legal. Bill 55 is a completely different matter.
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3 months ago
You're right, but in the end it's all connected.
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3 months ago
Every ruling that's been handed down, whether in Austria or Germany, is, of course, perfectly acceptable under EU law. An entire industry is simply trying to evade responsibility, with the help of a state whose budget is financed almost 90% by casinos.
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3 months ago
As I said, in the end everything is connected.
? Online Gambling ? Online Gambling – Malta versus EU Law
23.05.2024 ONLINE GAMBLING
Online gambling – Malta versus EU law
Munich, May 21, 2024. Without the required license, online gambling is prohibited in Germany and Austria. This has not stopped many gambling providers, including those from Malta, from offering their illegal games of chance here as well. Players have the opportunity to reclaim their losses from prohibited games of chance. Numerous courts have already confirmed this right to repayment. The Maltese government is now standing up for the gambling providers and, with Bill No. 55, aims to prevent these rulings from being enforced in favor of players in Malta. "However, this Maltese regulation is unlikely to be compatible with EU law," says attorney István Cocron of CLLB Rechtsanw?lte.
Background: In Germany, online gambling was generally prohibited until July 1, 2021. Since then, it has only been permitted if the provider has a license valid in Germany. A large portion of online gambling is also prohibited in Austria. As a result, players can reclaim their losses from prohibited online gambling. "Numerous courts in Germany and Austria have already confirmed this right of repayment by players," says attorney Cocron, who has successfully represented numerous players.
Now the Maltese government is taking a protective stance against gambling companies based in Malta. It passed Bill No. 55 in June 2023. The law prohibits Maltese courts from recognizing or enforcing judgments from other EU member states, such as Germany or Austria, if they are directed against Maltese gambling operators.
"The gambling industry in Malta obviously enjoys a large lobby. Otherwise, this action by the Maltese government cannot be explained. While Bill No. 55 is a setback for many players who have lost money playing online games with Maltese providers, it is unlikely to be legally sustainable," reassures attorney Cocron.
According to the principles of the European Union, judgments from other EU member states must generally be accepted and enforced. "Bill No. 55 therefore violates EU law," says attorney Cocron. The EU Commission has already taken action and is reviewing the "Gaming Act, Cap. 583" for its compatibility with European law. However, it may still take some time before a decision is made.
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3 months ago
In which article did he write that? He is 100 percent convinced that Bill 55 will be dropped.
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3 months ago
Bill 55 will therefore be handled in a separate procedure. The only thing that can (and will) happen after April 9th is that there will be an increase in settlement offers from the casinos. I think it will be another one or two years before Bill 55 is deemed non-compliant with EU law. At the very least, the courts will continue with the repayment claims if the ECJ rules after April 9th that the repayment claims are legal, but even after the promised enforcement order, they cannot be enforced in Malta for the time being.
If the decision goes in favor of the players, the ball will finally start rolling. ????
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3 months ago
Settlements only make sense for those who do not yet have a legally binding judgment.
Why should you forego the full amount plus interest with such a loan?
Except if the casino goes bankrupt or liquidates, which is very unlikely for the big players.
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