ECJ Ruling on Austrian Gambling Case Could Reshape EU Enforcement

The European Court of Justice (ECJ) has ruled on a case involving an Austrian player, known as TQ, and a gambling company, Mr Green, which could impact how national courts handle gambling cases across the EU.

TQ, an Austrian player, successfully sued Mr Green, a gambling website operating under a Malta Gaming Authority (MGA) license, in Austrian courts. TQ had spent about two years (2017-2019) playing on Mr Green’s platform and amassed losses to the tune of €62,878. TQ won the case against Mr Green, arguing that they were entitled to reclaim their losses as Mr Green did not hold a license in Austria, but the player was still able to access its platform and accumulate the losses.

TQ sought a European Account Preservation Order, which allows for enforcement action against a guilty party across the entire European Union. The ECJ has ruled that national courts may, in certain circumstances, seek cross-border asset preservation through existing EU mechanisms. The European Account Preservation Order targets accounts in Ireland, Luxembourg, Malta, and Sweden, with TQ seeking cross-border cooperation to obtain the funds they are owed. The ECJ has indicated that national courts may consider cross-border risk when assessing whether to grant an asset preservation measure.