Press Releases

Online Gambling: Court Rejects Non-Transparent Licensing Regimes and Prohibits Enforcement Measures

22.06.2017

Today, the CJEU manifestly ruled that enforcement actions against EU licensed operators unlawfully excluded from national licensing processes are prohibited and not in compliance with EU law (case Unibet International (C-49/16). The Court confirmed the obligation on Member States to organise transparent licensing processes and rejected EU countries’ discretion to impose enforcement measures. This ruling comes at a crucial time for countries like the Netherlands, were national legislation that has been found incompatible with the Treaties, is enforced.   The Court of Justice of the EU (CJEU) found that Hungary violated the fundamental freedom to provide services guaranteed under Art 56 of the EU Treaty (TFEU) prohibiting a cross-border operator licensed in the EU to lawfully provide its services in Hungary, by failing to organise a licensing tender published according to objective, transparent, non-discriminatory and proportionate criteria. This has been precised in para. 42 stating that, where it may be...

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