The Court of Appeal yesterday turned down a request to enforce the judgement of a French court in a case instituted by GIE Pari Mutuel Urbain (P.M.U.) against Zeturf Ltd, a sports book holding a Maltese gaming licence.

The original judgement handed down by the French court on 8 July 2005 was confirmed by a Court of Appeal in Paris on 4 January 2006. The French court ordered Zeturf Ltd to cease taking online bets on horse races organised in France.

Subsequently P.M.U. sought to have the judgment recognised and enforced by the Maltese Courts, under the Council Regulation on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (EC 44/2001).

On 16 March 2006, the First Hall of the Civil Court in Malta upheld P.M.U.’s request and said that the French Appeals Court decision was to be enforced. Zeturf Ltd appealed against this decision before the Court of Appeal in Malta.

The Maltese Court of Appeal, presided over by Chief Justice Vincent De Gaetano and composed of Mr Justice Anton Depasquale and Mr Justice Alberto Magri, ruled that the matter was of an administrative nature and therefore fell outside the remits of the EC regulation.

The Court of Appeal said P.M.U. is incorporated in France as a commercial entity and yet regulated by an “ad hoc” law that gives it power that is usually not allocated to private enterprise.

In spite of P.M.U.’s claims to the contrary, the Maltese court concluded that P.M.U. is an entity of an administrative nature that is singularly empowered to shape and enforce French policy on relative gaming matters.

In a statement, the Maltese Lotteries and Gaming Authority described the decision handed down yesterday as a “landmark court decision for remote gaming in Europe”. It said it has been following this case with interest and noted that this decision strengthens Malta’s position with regard to European remote gaming.