Key Takeaways
- The highest appeal court in Italy, the Corte Suprema de Cassation has submitted several questions to the Court of Justice of the European Union (CJEU) to help it determine whether elements of the Italian national gambling laws are legal.
- It is not the specifics of the issues which will carry weight, but the interpretation of the TFEU free market articles which the CJEU must perform in order to answer the questions.
- Recent judgments from cases originating in Austria, have weakened the ability of national governments to pass laws creating restrictive online gambling regulations.
The highest appeal court in Italy, the Corte Suprema de Cassation, has submitted several questions to the Court of Justice of the European Union (CJEU) to help it determine whether elements of the Italian national gambling laws are legal.
The questions deal with the applicability of Articles 49 and 56 of the Treaty for European Union (TFEU), the two articles which have been most often used as legal objections to restrictive national gambling legislation in the bloc.
