icensee(s) must be able to make a sufficiently attractive offer including advertising and the use of new distribution methods to execute its channelling task.
The President of European Lotteries, Winfried Wortmann said: “The Court has recognised that, in line with the Gambelli judgement, Member States can restrict gambling activities. In order to draw players away from illegal offers, authorised operators must represent a reliable, but at the same time attractive alternative to a prohibited activity. This may mean offering an extensive range of games, plus advertising and the use of new distribution techniques.”
In line with its ruling on Läärä, the Court confirms that a Member State has the right to decide on whether the number of operators it allows is sufficient. Wortmann stressed that "This includes the option to give an exclusive right to one operator."
Moreover, the Court holds that a tendering process for licenses may not exclude listed companies, since there are other means to control listed companies. Member States, therefore, cannot apply criminal sanctions to listed companies which remained illegally excluded from the tendering process.