EGBA Gives Backing to EU Court Ruling on Gambling Law
The European Gaming and Betting Association (EGBA) has voiced its support for the European Court’s recent clarification on cross-border gambling legislation.
LISTEN TO THIS ARTICLE:The Court of Justice of the European Union (CJEU) ruled that any national gambling regulation introduced by EU member states must be communicated to the European Commission (EC) if it qualifies as a “technical regulation”. This includes rules related to services such as gambling promotion and advertising.
Countries Must Use TRIS Procedure
These notifications must be submitted via the Technical Regulation Information System (TRIS) procedure. The CJEU said that failure to follow this process renders the new rules unenforceable against gambling companies, which could potentially disrupt the market and lead to confusion among gambling regulators, operators, and consumers.
Maarten Haijer, EGBA’s Secretary General, has spoken of the importance of the process.
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. The TRIS notification procedure facilitates transparency and allows for potential EU law compatibility issues to be identified before national regulations take effect.
Haijer added that an efficient TRIS procedure is also dependent on the European Commission to properly examine all incoming notifications, which he claims it has not been doing in recent years. However, he said that he believes the new Commission’s focus on upholding EU law will result in it “stepping up its efforts to ensure draft national gambling laws are adequately scrutinised for their compatibility with EU law.”
More Regulation News
Legal Dispute with Lithuanian Gambling Authority
The CJEU’s statement came in response to a legal dispute involving Lithuania’s gambling authority and operator Unigames. In 2022, Unigames was fined €12,700 for allegedly displaying and promotional messages on its website.
The fine was issued after the gambling regulator’s Director introduced an order deeming the content unlawful. Unigames challenged the ruling, arguing that the procedure followed to impose the penalty violated established legal protocols. Ultimately, the CJEU issued a ‘No Opinion’ decision in the case.
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