he European Court Of Justice was ruling on a case brought by leading online betting and gaming provider Bwin Interactive Entertainment AG against Portuguese Santa Casa De Misericordia De Lisboa sportsbetting monopoly.
Although in its ruling the European Court Of Justice recognised that the monopoly was a restriction on the freedom of services, it found that the restriction may be justified in certain situations to prevent crime.
“The European Court Of Justice has once again applied the principles set out in the landmark Placanica and Gambelli cases; i.e. that member states can only restrict the freedon to provide cross-border gambling services as part of a genuine coherent policy of limitation of gaming opportunities, the restrictions are proportionate and fit to attain the goal, do not go beyond what is necessary and do not discriminate against undertakings from other member states,” said Konstantinos Maragkakis, Head Of Communications for StanleyBet.
“Although in the specific circumstances of the ‘Santa Casa’ case, the Court accepted that these conditions apply, StanleyBet argue that this does not affect the practical situation in other member states such as Italy, Greece or France.”