High level of consumer protection for online gambling in EU
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However, as a monopoly is an unusually restrictive measure, it must be ascertained that the national authorities really intend to ensure a particularly high level of consumer protection with regard to the objectives relied on, and whether, having regard to … Read More

Strict state control of online gambling in EU
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The CJEU has ruled that a Member State seeking to ensure a particularly high level of protection of consumers or of society may be entitled to take the view that it is only by granting exclusive rights to a single … Read More

Ban and exclusive right/monopoly of gambling in EU
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Ban on games of chance The Schindler judgment remains the only decision where the CJEU ruled on a national (UK) general ban on a certain category of games of chance – the organisation of lotteries (subject to very limited exceptions). … Read More

Taking account of the checks on operators of games of chance carried out in other Member States of EU
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The Court of Justice of the European Union have ruled that, in the current state of EU / EEA law, there is no duty of mutual recognition of authorisations issued by the various EU / EEA States. Thus, the EFTA … Read More

Specific characteristics of online gambling in EU
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Internet constitutes a “channel” through which games of change may be offered (See Case Carmen Media Group). In light of the assessment of whether the establishment of a public monopoly on the offer of games of chance via the internet … Read More

General interest reasons which may justify restrictions on gambling activities in EU Member States
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Member States may justify restrictions to the fundamental freedoms for reasons related to the general interest (Consistent case-law, see most recently Case Garkalns, par. 35, and the case-law cited.). A restriction to the freedom to provide services or to the … Read More

Restrictions on the free movement of gambling services and the freedom of establishment in EU
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Articles 49 and 56 Treaties of the European Union (TFEU) require the abolition of all restrictions on freedom of establishment and freedom to provide services – even if those restrictions apply without distinction to national providers of services and to … Read More

Games of chance as economic activity covered by the fundamental freedoms rules of the TFEU
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The Court of Justice of the European Union (CJEU) ruled for the first time in its judgment in Schindler that the organisation of all games of chance or gambling (in particular Schindler and Anomar cases) such as lotteries can be … Read More

European Economic Area case-law on games of chance
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Since its land-mark decisions in Schindler (1994) and Gambelli (2003), the Court of Justice of the European Union (CJEU or “Court”) has delivered over 20 judgments on games of chance in the area of the free movement of services and … Read More