In its judgment of 6 March 2018 in Sporting Odds (C-3/17), the Court of Justice ruled that the Hungarian online gambling legislation infringed the freedom to provide services (Article 56 TFEU) because it reserved the licenses for online gambling to offline operators holding a concession for a casino situated in Hungary.
This decision does not really come as a surprise since the Court of Justice already decided last year in Unibet (C-49/16) that the Hungarian legislation on granting concessions for traditional casinos was contrary to the freedom to provide services.
This judgment nevertheless provides some interesting guidance on how national courts should assess gambling legislation in the light of the freedom to provide services. In this context, the Court of Justice clarifies under what circumstances national authorities can expand regulated gambling activities in order to tackle a ‘gambling problem’ in the country. Furthermore, the judgment also makes clear that national courts cannot decide that a gambling legislation imposes an unjustified restriction on the freedom to provide services merely because the national authorities have failed to provide an analysis of the effects of that legislation.
For further information on this case and/or for general legal advice relating to the internal market rules, please contact Pierre de Bandt orJeroen Dewispelaere.