10 months ago
I think it's just about the mandates because someone appealed.
That's how I understood it…
I just wanted to ask in the forum how you understood that
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Execution Pokerstars. Apparently, payment is not voluntary (page 44)
10 months ago
I have an appointment there too, we'll see what happens.
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10 months ago
Hello, I haven't written anything for a long time and I'm a silent reader.
I have had an execution in Malta against MrG since February this year.
I wanted to ask you how or how do you know when you have your negotiations in Malta.
Unfortunately my PF can't tell me anything new and we're waiting.
I've already partially lost hope but I would still be happy if I received this
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10 months ago
Check the ecourts page to see if your name is there and if not, your file has not yet been submitted to the court in Malta
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10 months ago
Thanks for the answer where do I have to enter the name and what do I have to select, thank you 🙂
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10 months ago
Please do not confuse "apples" with "pears"!
It's no longer about "obtaining" an "enforceable title" (everyone here already has one) but rather about "enforcement", i.e. "compulsory enforcement", because despite the title, the convicted people don't pay!
And that requires (I quote, read at: https://valletta.diplo.de/mt-de/service/-/243797)
C. Recognition and enforcement of German court decisions
...
I. Enforcement of judgments within the framework of the EuGVVO
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2. Declaration of enforceability
In order to have the judgment of a German court enforced in Malta, according to the regulations of the EuGVVO, a declaration of enforceability is required by a Maltese court, which must be applied for by the enforcement creditor (Art. 38 EuGVVO). According to Art. 39 Para. 1 i. V. m. Annex II of the EuGVVO for Malta the Civil Court - First Hall or for Gozo and Comino the Court of Magistrates (Gozo) - superior jurisdiction. The local jurisdiction depends on the domicile of the debtor or the place of enforcement (Art. 39 Para. 2 EuGVVO).
...
If these requirements are met, the court must immediately declare the enforceability of the judgment, taking into account the reasons for failure in Articles 34 and 35 EuGVVO and also refraining from examining the matter (Article 45 (2) EuGVVO). The declaration of enforceability is then served on the debtor (Art. 42 para. 2 EuGVVO), which gives him the opportunity to lodge an appeal with the Court of Appeal against the court's decision in accordance with Art. 43 para. 1 EuGVVO. The judgment creditor has the same option if his application is rejected .
Is it clear what's going on in Malta now?
After the enactment of Bill55, Maltese judges have a problem: it is the law and they cannot bend it! In plain language, every convicted gambling company will now request that the court dismiss the enforcement action, citing its Maltese license (see my emphasis above in bold and underlined).
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10 months ago
Good Morning! That's exactly how it is. That's why there is a European enforcement order. It is accepted by every European state that is a member of the EU upon admission to the EU. Malta is opposing official EU law because this title means that no Maltese court can intervene in the matter. This is exactly how it would be if there were a Maltese court ruling for Germany and it would be enforced in Germany as part of a European title. Malta will receive a bitter rebuff from the ECJ. Interest and compound interest, nice
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10 months ago
What I just find strange is that the casinos in Germany try to suspend the proceedings, but here they always get a bitter rebuff in all the courts and have always paid in the end when it comes to German judgments, as far as I know. This is probably also because the casinos have written off Austria as a market and the German market is the most lucrative in Europe and no casino wants to mess with Germany in terms of developing licenses, I think. I don't know of any casino that hasn't paid out German judgments after they are legally binding.
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10 months ago
Sorry, that should mean grants
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10 months ago
European law takes precedence over national law. The judges are bending European law. It's that simple. You are committing a criminal offense under European law.
That's exactly how it is here in Germany, federal law breaks state law.
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10 months ago
https://www.anwalt.de/rechtstipps/online-gluecksspiel-vorlagebe booking-zum-eugh-c-440-23-ruling-von-hoechster-stelle-218969.html
Appealing to a Maltese court to the EU Court of Justice will not be permitted, otherwise it would take up to 16 months. Read the report. The EU Court of Justice has already ruled several times that it is up to the states to regulate these matters. And it says quite clearly that Section 56 of the freedom to provide services is not restricted by this. The casinos are welcome to offer their things in Malta, or anywhere else in the world, but not in Europe. It's just strange that in almost all of Europe there is a legal ban on online gambling in every country. I think Austria was the pioneer.
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10 months ago
All the reports and judgments are now known to all Austrian plaintiffs! Nevertheless, proceedings have been ongoing for more than 3 years. It's just a matter of when will money finally flow or when will the first judgments be made in favor of the plaintiffs.
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10 months ago
I think so too. Now it's just hop or drop.
I hope for a payment soon 😉
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2
10 months ago
The money will flow, they can't avoid it. It's just strange that it only affects players from Austria, so far. Because the German players have all received their money so far. I'm excited to see the faces from Malta and also the face of a certain law firm from Munich that has torpedoed German jurisprudence for me for years as a lobby lawyer for the casinos.
But I also know that for many people their existence depends on money and that every day is torture.
Greetings to Austria
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10 months ago
As already said, since Malta's law is contrary to EU law, one could even sue Malta with a class action suit, before the European Court of Justice and a court in Malta should not have taken care of it at all. It is clear and clear that it is illegal. As I said, these bans exist in all European countries, from Portugal, to the UK, to the Netherlands and Germany and and and, Austria even has a total ban and does not issue any licenses, which was exactly right. Because it is Union law that leaves it up to the individual states how they fill out the law so that it does not violate Section 56 of freedom to provide services.
But as I said, who needs Malta. Casinos on Curaçao were already bleeding. They are not directly in the EU, but I believe they belong to the Netherlands Antilles. It's been a shitty topic for years. At least the 3-year statute of limitations is off the table here in Germany. It can even go back 10 years here.
Greetings from Bremen
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10 months ago
The request will be rejected as inadmissible and Malta will face legal action, as all independent observers are sure.
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10 months ago
https://www.gioconews.it/news/online/legge-gioco-malta--matthieu-vertsale--a-che-punto-sono-verifiche-della-commissione-ue-.aspx
10 months ago
Who from Germany won an execution case please?
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10 months ago
No one.
Many Germans are also waiting for their money
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10 months ago
Yes, interesting questions! I'm looking forward to when something will finally come from the ECJ.
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