This was put into question insofar as the law prevented companies established in other Member States from providing such services in the United Kingdom. A British law imposed a ban on national lotteries, following which lottery tickets for the German lottery sent by mail to citizens living in the United Kingdom were seized by the customs authorities. The first landmark gambling case was referred in 1992. 5 II Gambling as an economic activity of a peculiar nature The competition law aspect in the gambling sector relates to a variety of issues such as state aid but will not be discussed in further detail. Taxation 3 will not be discussed in depth in this chapter, and neither will the existing secondary legislation be reviewed, as in most relevant matters gambling services have explicitly been excluded from the scope of application. This chapter will address a number of important aspects related to gambling following from the most relevant case law of the Court.
The Commission considers that complaints in the gambling sector can be handled more efficiently by national courts and encourages the use of national remedies when facing problems with EU law in the gambling sector. The importance of preliminary referrals has even increased given the European Commission's decision of 7 December 2017 to close all infringement procedures and pilot cases, and to reject all complaints in the gambling sector. New cases are still regularly referred from national courts throughout the EU. The Court has provided rulings in more than 70 cases. 2Īs a result of this decision, the EU gambling debate shifted to a large extent towards the Court of Justice of the European Union (the Court). At the European Council meeting of 11–12 December in Edinburgh, they agreed not to pursue any harmonisation of gambling activities at European level.
In 1992, the Member States discussed for the first time the issue of gambling in the internal market following a report prepared by Coopers & Lybrand for the EU Commission.
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