CJEU Rules Member States Cannot Preclude Cross Border Gambling Activities in the EU CJEU Rules Member States Cannot Preclude Cross Border Gambling Activities in the EU
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Key Takeaways
  • The Court of Justice of the European Union has issued preliminary rulings on an Italian gambling case.
  • The final rulings have consequences for national regulators and operators across the EU.
  • The Court has confirmed both operators’ rights to cross border trade, and member nations’ rights to impose an authorization process.
  • The ruling demands that restrictive national legislation must be “clear, precise and unequivocal” otherwise operators are right to ignore it.
  • the full implications will take time to work out, but the rulings appear to expand operators’ rights at the expense of national regulators.

The Court of Justice of the European Union (CJEU) has issued a set of rulings that could have significant consequences for cross border gambling within the EU. The CJEU is the senior court which rules on matters of compliance with EU treaties.