The ECJ argued that Italy had failed to realize its responsibilities under articles 43 and 49 of the EC Treaty, articles that deal with freedom of establishment and freedom to provide services, by blocking operators from neighbouring EU countries from gaining a foothold in the Italian betting market.
According to the ECJ, Italian authorities cannot continue to monopolize the local market simply by arguing that lack of foreign competition will secure, “continuity, financial stability and a proper return on past investments for license holders”.
Sigrid Ligné, Secretary General of the EGBA, an organization that promotes the right of private gaming and betting operators that are based and licensed in the EU, added: “The Court's decision sends a clear signal to Member States currently offering, or planning to offer, licenses to European gaming and betting operators.”