iGaming Business – The European Gaming and Betting Association (EGBA) trade group has welcomed the Court of Justice of the European Union’s (CJEU) reiteration that member states cannot restrict national gambling market to protect the commercial interests of incumbents or for other economic reasons.
In a preliminary ruling in the Italian cases ‘Biasci et al’, the court said that national law that precludes cross-border gambling activities in order to favour the economic interests of incumbents over operators licensed in other member states is against EU law.
“National legislation, which in fact precludes all cross-border activity in the betting in gaming sector, irrespective of the form in which that activity is undertaken… is contrary to Articles 43 EC and 49 EC,” the ruling said.
The court added that member states must refrain “from protecting the market positions acquired by the existing operators, by providing, inter alia, that a minimum distance must be observed between the establishments of new licence holders and those of existing operators”.
It continued: “The principle of equal treatment, the obligation of transparency and the principle of legal certainty that the conditions of a tendering procedure… must be drawn up in a clear, precise and unequivocal way.”
“We very much welcome the court’s crystal clear conclusion that Member States cannot preclude cross border gambling activities in the EU,” Maarten Haijer, secretary general of the EGBA, said.
“It confirms the CJEU’s regulatory ‘red lines’ which member states cannot be allowed to cross. The time has come for the Commission to enforce those red lines in Member States’ national law – if needed through infringement proceedings.”
