Why the EU's silence on gaming regulation is no longer tolerable
MEP Peter Agius is straighforward and precise in his approach – he is not one for going off-script. But in a recent one-to-one interview with 8gfg.shop, Agius made it very clear that when it comes to the EU’s handling of the online gaming sector, enough is enough.
“There’s no regulation as we speak,” Agius said, cutting to the root of the matter. “The Commission has effectively walked off the pitch.” His voice was calm as he explained his actions but he is clearly determined to take this matter forward.
Agius recently took a bold first step: he wrote to European Commission Vice President Stéphane Séjourné, whose portfolio includes the internal market, demanding the EU take political responsibility for the growing fragmentation of Europe’s gaming space. “We have reached a breaking point,” he said. “Member states are picking and choosing who gets to operate. This goes against the very core of EU law for free movement of services.”
As Agius sees it, it is not just about betting or casinos. It’s about the erosion of legal consistency in the internal market, an erosion that threatens Europe’s single most celebrated achievement. For Malta, Europe’s iGaming stronghold, this isn’t just regulation, but the issue hits close to home.
Long silence not acceptable
Agius highlighted ongoing legal conflicts in Austria and Germany, where fragmented court rulings have exposed the weakness of the EU’s regulatory approach. He urged the Commission to intervene and restore internal market freedoms, especially as operators face mounting legal challenges from losing bidders abroad. These disputes, often driven by unregulated third-party litigation funding, risk distorting the market and undermining licensed, consumer-focused operators.
The EU’s withdrawal from this field didn’t happen overnight. In 2017, the Commission formally shelved all infringement proceedings related to gaming. The rationale was political: member states, it seemed, wanted to keep their patchwork of national rules intact. But that quiet retreat now looks, in Agius’s words, like “the cat hiding away permanently while the mice come to feast.”
Without a central referee, national courts have moved in with sweeping rulings. In Austria and Germany, players who lose money online can now sue for refunds. Litigation firms have pounced, grouping losses into mass claims against operators. Agius sees danger in this. “We’re witnessing the rise of third-party litigation funding without oversight,” he said. “This is not about consumer protection anymore. It’s about gaming the system.”
Legal paradox
EU law permits member states to restrict the internal market, but only under strict conditions: proportionality, non-discrimination, and transparency. Agius argues those principles are being routinely ignored. “You cannot cherry-pick which operators are allowed to play,” he said. “The law requires a fair, open system. Right now, we’re nowhere near that.”
In his letter to Séjourné, Agius asks the Commission to investigate whether certain national regimes are in breach of treaty obligations. He stops short of prescribing a regulatory solution. “It’s the Commission’s job to decide how,” he said. “But the responsibility lies with them. This silence is no longer neutral, it’s complicity.”
Agius did not plan to champion the gaming sector. For years, he monitored it quietly from Brussels, having once overseen digital policy at the Council of the EU. “The industry always said, ‘we’re getting by,’” he recalled. “They knew it was tough to operate across Europe, but they managed.” That tone, however, has shifted.
“Recently, I’ve been contacted by multiple operators and stakeholders. The message is no longer passive. It’s urgent,” he said. That shift is what spurred his move – a calculated effort to give the sector “a voice at the table” as legal uncertainty grows.
Changing industry tone
His letter drew attention. In Strasbourg and Brussels, fellow MEPs stopped him in corridors, expressing support. “Not just from Malta. From across the EU,” Agius said. “They understand this isn’t about favouring any one industry. It’s about the integrity of our internal market.”
But he’s also careful not to oversell. “This is just a first step,” he said. “The rot is deep. There’s a lot of work to be done.”
Still, Agius insists he’ll follow through. He’s watching for the Commission’s reply, planning stakeholder meetings, and keeping his lines open to industry players who want to contribute constructively. “Prosperity in Malta and in Europe depends on our rules working, not on who can exploit the gaps,” he concluded.
The next move is Brussels’. But Agius has made it clear that silence won’t be an option for much longer.
8gfg.shop spoke with Peter Agius, a member of the European Parliament and lawyer. He was elected MEP in the 2024 European Parliament election. Agius has a 20-year career of working in the institutions of the European Union.
Watch out for more updates from Brussels and the EU Parliament with
