Reaction to EC gambling infringement move

EL recalls that Member States have a wide discretionary margin in determining their gambling policy on their territory and the right to decide on restrictive measures for public order and consumer protection, in light of the national/regional specific features. A restrictive gambling policy is legitimate as gambling is a sensitive activity which in the interest of consumers can not be left to market competition.

EL President Friedrich Stickler: “A pure internal market approach is not applicable in the field of gambling. Public order and consumer protection require a consistent regulation based on the principles of subsidiarity and precaution.”

EL is confident that the continuation of the exchange of information between these Member States and the Commission will lead to rapid clarification that Member States are organizing their regulatory systems for gambling, within their discretionary power, in compliance with the Treaties – as the European Court of Justice has confirmed in many rulings, notably with regard to the right of Member States to exercise tight control over the gambling activities allowed on its territory.

EL here highlights in particular that the closing of the infringement case against a Member State where all gambling offering is under an exclusive rights system for the state controlled operators demonstrates the compatibility of a system of exclusive rights with the Treaty principles.