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Cross border gambling

The EC Treaty does not distinguish gambling from other services and it requires that all services must be treated in the same way. Article 50 of the Treaty defines what is meant by a service and the European Court of Justice (ECJ) has indicated that gambling is a service within the meaning of this Article.

Article 43 of the Treaty prohibits, in the absence of certain specified justifications, restrictions on the freedom of establishment of nationals or economic operators of one Member State in the territory of another Member State.

Article 49 of the Treaty prohibits, unless duly justified, restrictions on the freedom to provide services within the Community. This right is granted to nationals or economic operators established in EU Member States other than that of the person for whom the services are intended.

Even if there is no secondary legislation on gambling at EU level, the internal market freedoms enshrined in these Articles of the Treaty are directly effective and grant access to the national markets.

EC Treaty

 


" The EC Treaty provisions on the internal market provide a right to provide cross-border services. Failure to acknowledge this right, unfairly restricts the growth of many well established and responsible online European companies and reduces consumer choice."