Luxembourg recognizes that payment transfers made years ago and Maltese legislative barriers justify a European Account Preservation Order against online gaming operator Mr Green.
The Court of Justice of the European Union has ruled that courts may take into account actions a debtor took several years prior, as well as the existence of national laws that obstruct debt enforcement, when determining the urgency of a European Account Preservation Order. The judgment in case C-198/24 resolves a dispute between an Austrian player and Mr Green, a Maltese licensed online gambling operator.
The dispute dates back to late 2021, when Austrian courts ordered Mr Green to reimburse losses incurred by a player residing in Austria. The company operated without an Austrian license, rendering the gaming contract null and void under local law. Since the reimbursement was not carried out voluntarily, the player submitted an application to the Austrian courts in 2024 for a European Account Preservation Order targeting Mr Green's bank accounts located in Ireland.
The player argued that there is a well-founded risk that Mr Green would act to conceal its assets. Specifically, the plaintiff pointed out that after being sentenced in 2021, the company terminated its business relationship with its Austrian payment service provider. According to the plaintiff, this conduct demonstrates a pattern of asset transfers designed to evade payment obligations by moving funds to Malta.
Additionally, the player cited a legislative obstacle: since June 2023, a Maltese law prohibits the enforcement of foreign judgments rendered against gambling operators holding a Maltese license. According to the creditor's thesis before the Austrian court, this legal barrier reinforces the risk of insolvency or concealment of funds.
The Regional Civil Court of Vienna, uncertain whether it was lawful to consider these historical circumstances to assess the requirements of the European Account Preservation Order, referred a preliminary question to the Court of Justice. The Court answered clearly: the competent national court can carry out a comprehensive assessment of all the invoked circumstances to verify whether there is a real risk that the enforcement of the claim will be prevented or made significantly more difficult.
Specifically, the Court determined that two key elements can be taken into consideration:
- First, the historical conduct of the debtor dating back several years. The Maltese company cannot shield itself behind the argument that its actions to transfer assets occurred in 2021, years prior to the application filed in 2024. The age of the conduct does not invalidate its relevance for evaluating the actual risk.
- Second, the existence of a national law that obstructs enforcement. The Maltese regulations prohibiting the enforcement of foreign rulings against licensed operators can constitute a factor to consider when determining the urgency of adopting a preservation order. This legislative barrier reinforces the grounds of the risk alleged by the creditor.
The ruling holds significant implications for online gaming operators. It establishes that historical non-compliance with obligations and alterations in payment structures to avoid creditors can be viewed as indicators of insolvency risk. Furthermore, it recognizes that national legislative restrictions on debt collection form part of the urgency analysis.
The Court of Justice noted that it is not its role to resolve the national dispute itself, as the Austrian courts must decide the case in accordance with this interpretation of EU law. However, the ruling binds all national courts facing a similar issue regarding European Account Preservation Orders.
This decision falls within the framework of the preliminary ruling mechanism, which allows national courts to question the Court of Justice about the interpretation of EU law or the validity of EU acts. The response obtained provides a general jurisprudential standard applicable across the European Union for analogous cases.
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