Press Release: Free movement of services: Commission inquires into restrictions on the provision of certain gambling services in Austria, France and Italy

The European Commission has decided to send official requests for information on national legislation restricting the supply of certain gambling services to Austria, France and Italy. In April 2006 the Commission sent similar requests for information to Denmark, Finland, Germany, Hungary, Italy, the Netherlands and Sweden (IP/06/436). In these latest cases the Commission again wishes to verify whether the measures in question are compatible with Article 49 of the EC Treaty, which guarantees the free movement of services. The Commission's decision relates only to the compatibility of the national measures in question with existing EU law. It does not touch upon the existence of monopolies as such, or on national lotteries. Nor does it have any implications for the liberalisation of the market for gambling services generally, or for the entitlement of Member States to seek to protect the general interest, so long as this is done in a manner consistent with EU law i.e. that any measures are necessary, proportionate and non-discriminatory. The letters of formal notice are the first step in an infringement procedure under Article 226 of the EC Treaty. The Member States in question have two months in which to respond. The Commission hopes that the answers it receives will lead to an early and satisfactory resolution of the matter. The Commission is also publishing the results of a large-scale study carried out on its behalf by the Swiss Institute of Comparative Law. This study for the first time provides an overview of the legal regime covering gambling and games of chance in the EU Member States. The study also attempts to give indications on the economic development of the sector.