CJEU New Judgments Listing

Advocate General Opinion C-683/24 Spielerschutz Sigma on Maltese Gaming Act Provision

Advocate General Nicholas Emiliou delivered his opinion in CJEU Case C-683/24 Spielerschutz Sigma on 23 April 2026, addressing whether a 2023 Maltese Gaming Act amendment (Bill 55) is compatible with EU law. The AG found the Austrian court's request for a preliminary ruling inadmissible, as the actual dispute concerns the diligence of a legal adviser's opinion under national law rather than EU law compatibility. However, addressing substance, the AG concluded the provision—which bars Maltese courts from recognizing foreign judgments upholding player claims against Maltese gaming operators—is manifestly incompatible with the Brussels I bis Regulation, as Member States cannot invoke the 'public policy' clause to refuse recognition solely on the grounds that another Member State misapplied EU law including the freedom to provide services. The opinion is not binding on the CJEU, which will issue its judgment later.

Italy-Albania Protocol Compatible With EU Law if Migrants' Rights Protected — Advocate General Opinion

Advocate General Nicholas Emiliou delivered Opinion C-414/25 finding the Italy-Albania Protocol compatible with EU law, provided that migrants' rights under the European asylum system are fully maintained. The Protocol, signed on 6 November 2023, authorises Italy to establish repatriation and detention centres on Albanian territory under Italian jurisdiction. The AG held that EU law does not prevent a Member State from establishing a detention centre for return procedures outside its own territory, but all EU guarantees for migrants must be preserved, including access to legal counsel, language assistance, family contact, and prompt judicial review. Minors and vulnerable persons must retain full protections including access to healthcare and education. The Court of Justice will now deliberate and issue its judgment at a later date.