The CJEU has also repeatedly recognised EU countries’ rights to restrict the cross-border supply of certain gambling services where necessary to protect public interest objectives such as the protection of minors, the fight against gambling addiction, and the prevention of crime and fraud. Nevertheless, there is no obligation of mutual recognition of authorisations or licenses to provide gambling services granted by an authority in an EU country. In particular, Article 56 TFEU prohibits restrictions on the freedom to provide services to recipients in other EU countries. The CJEU has confirmed that the provision and use of cross-border gambling services constitutes an economic activity that falls within the scope of the fundamental freedoms of the Treaty on the Functioning of the European Union (TFEU). In a series of judgments, the CJEU has provided general guidance on the interpretation of the fundamental freedoms of the Internal Market in the area of online gambling so that national courts can assess the circumstances under which restrictive national gambling laws are justified on grounds related to the general interest. Legal overviewĪll national regulatory systems must respect EU law. In a number of judgments, the Court of Justice of the European Union (CJEU) has ruled on the compliance of national regulatory frameworks with EU law. Online gambling regulation in EU countries is characterised by diverse regulatory frameworks.
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