POLISH REGULATION
International cooperation is key Fighting alone against gambling operators who offer games of chance within a given country without complying with its regulations is like aiming for the moon - theoretically possible, but extremely difficult in practice. We have witnessed an example in German courts where a player has sued a Malta-based gambling operator without a German license over financial losses incurred on its platform. In response in 2023, Malta introduced Bill 55 which allows Maltese courts to refuse to enforce foreign civil judgments related to gambling, aiming to protect locally licensed operators. The Malta Gaming Authority defended the law as essential for regulatory integrity. However, several EU countries criticized it. 9 Germany’s gambling regulator (GGL) declared that Bill 55 violates EU law, especially in terms of cross-border enforcement and consumer protection. The case has reached the Court of Justice of the EU and remains unresolved. 10 This case shows that there is still a way to go and several practical hurdles in the way of greater harmonization. Proposals for change Two of the most prominent proposals for change in Poland are the liberalization of online casino regulations and and switching from turnover tax to GGR for mutual betting. If I had to bet, I would wager on legalizing online casinos coming first. Experiences from other countries show that
a controlled opening of the iGaming market can yield positive outcomes, such as transitioning players from the grey market to legal operators and increasing tax revenue. The successful of legalization of online mutual betting in Poland is a prime example: since 2011, legal market share has risen from zero to around 88 percent. 11 This demonstrates that legal competition and diverse offerings can reduce interest in illegal services. Conclusions The online gambling market is constantly evolving, and new technologies are emerging rapidly. Since current regulations have proven ineffective beyond a certain point, thoughtful changes to Poland’s Gambling Act are needed. New institutions have been established, and parliamentary debates are ongoing. However, we are still waiting for meaningful amendments. Eight years after the last revision, change is clearly needed although we should not be too hopeful – the government remains silent on specific legislative proposals. Any regulatory changes aimed at reducing the grey market will be ineffective unless the EU aligns national interests and takes joint action against illegal operators. Poland, as the current EU Council president, can play a key role in this effort. We are a country with significant gaming potential. It is a market worth monitoring and investing in, as this could provide a strategic advantage when reforms come.
DR JUSTYNA GRUSZA- GŁĘBICKA Founding Partner, Law Firm Justyna Grusza-Głębicka For information contact +48 601 077 804 biuro@grusza-glebicka.pl
9 Article published at: https://igamingexpress.com/eu-court-to-review-legality-of-player-loss-claims-in-cross-bor- der-gambling-disputes/. 10 Case C-440/23, European Lotto and Betting and Deutsche Lotto- und Sportwetten, https://curia.europa. eu/juris/document/document.jsf?text=&docid=278361&pageIndex=0&doclang=en&mode=req&dir=&occ=- first&part=1&cid=5613351&gad_source=5&gad_source=5. 11 The Last Such Monopoly in Europe: The Effects of Lifting the State Monopoly on the Online Casino Market in Poland , Warsaw Enterprise Institute Foundation, 2024, based on data prepared by EY (accessed: May 16, 2025).
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IMGL MAGAZINE | JUNE 2025
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