Austrian gambling reform delayed at EU level after Malta intervention
Austria’s highly anticipated gambling law has been postponed at the EU level following an intervention by the Maltese government.
The amendments to the gambling act – which will bring an end to Austria’s online gambling monopoly – had been due to clear the EU notification period on Thursday, 5 November. But on Wednesday morning, a detailed opinion from Malta triggered an automatic extension, pushing the end date back to 7 December.
The delay means the Austrian government will need to act quickly to pass its legislation before the law is due to enter into force next year. However, market stakeholders do not foresee significant delays to the parliamentary schedule.
“In principle, the timeline remains the same: the passage of the amendments is still expected before Christmas 2026,” Arthur Stadler, a Vienna-based gaming lawyer at Stadler Partner, told iGB.
“However, for operators weighing an application for one of Austria’s new iGaming licences, the time gap between ratification and entry-into-force on 1 January, 2027, will be much tighter.”
Cross-border operators raise concerns
Speaking to iGB on Wednesday, the Austrian Association of Betting and Gaming (OVWG) said it had expected Malta to raise concerns about the bill.
“We had anticipated a detailed opinion, as we also have concerns about certain provisions of the current Austrian draft law,” said OVWG president Simon Priglinger-Simader.
“We have an ongoing dialogue with Austrian policymakers and authorities to address these issues. Our priority is to establish the right regulatory conditions for a competitive and well-functioning online gambling market under Austria’s upcoming open licensing system.”
Currently, Austria’s sole online casino and lotteries licence is held by Win2Day, a subsidiary of Austrian Lotteries. However, numerous brands are active in the market under licences issued in other EU jurisdictions, including Malta.
Ongoing concerns
Under the terms of the new gambling act, these cross-border operators will need to comply with a nine-month “cooling-off period” in order to be eligible for an Austrian iGaming licence.
This means switching off online casino services for Austrian customers by 31 December this year or facing an extended 18-month blackout. In addition, operators must settle player claims and backdated taxes.
Despite these ongoing concerns, Austrian public affairs consultant Felix Geyer says he is unsure whether the move will offer much strategic benefit to grey market operators.
“What I would like to ask is cui bono,” he tells iGB. “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.”