EGBA: CJEU Ruling Confirms Essential Nature of EU Notification Procedure for Gambling Regulation

21.03.2025

Brussels, 21 March 2025 – In light of a recent Court of Justice of the European Union (CJEU) ruling concerning the EU notification requirements for draft gambling legislation,[1] the European Gaming and Betting Association (EGBA) reiterates the importance of the EU notification procedure when member states introduce or amend their national gambling regulations.

The CJEU has consistently upheld that draft national gambling regulations which constitute “technical regulations” under EU law must be notified to the European Commission through the Technical Regulation Information System (TRIS) procedure. In its recent ruling, the Court specifically found that failure to notify to the Commission any amendments that expand the scope of existing national laws, or add new requirements, renders such provisions unenforceable against gambling operators.

This notification procedure, established under Directive 2015/1535, is not merely a procedural formality but a fundamental safeguard to ensure that national gambling laws comply with EU law. Disregarding the TRIS notification procedure will result in regulatory failure and market uncertainty that benefits neither regulators, operators, nor consumers.

“Proper notification of draft gambling regulations to the European Commission is essential for good policy making and to allow for any proposed changes to national gambling frameworks to be scrutinised for their compatibility with EU law,” said Maarten Haijer, Secretary General of EGBA. “The TRIS notification procedure facilitates transparency and allows for potential EU law compatibility issues to be identified before national regulations take effect.”

“An effective TRIS procedure also relies on the European Commission to actively scrutinise all incoming notifications, which it has not been doing consistently in recent years. We’re confident, however, that the new Commission’s emphasis on the enforcement of EU law will lead to it stepping up its efforts to ensure draft national gambling laws are adequately scrutinised for their compatibility with EU law,” added Mr. Haijer.

As the European gambling market evolves, consistent application of the TRIS notification procedure by the Commission and member states becomes increasingly important for regulatory coherence across the EU. The notification procedure exists to ultimately support member states in developing effective, proportionate gambling regulations that achieve their public policy objectives while remaining compatible with EU law.

EGBA remains committed to promoting a well-regulated European gambling market that provides a high level of consumer protection while respecting EU law, and stands ready to work with EU and national authorities to ensure the TRIS procedure is both effective and adhered to.

– ENDS –

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[1] Court of Justice of the European Union, Case C-120/24, Judgment of 13 March 2025.

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