Online Gambling in the European Union: a Tug of War without a Winner?

Summary:

This Article looks at the conflict between national regulation of gambling on the one hand and the freedom to provide services within the European Union (EU)/ European Economic Area (EEA) on the other hand.

This article traces the development of the European Court of Justice’s (ECJ) jurisprudence in this area, distinguishing between four distinct phases. The article argues that the Court has been right in allowing the Member States wide discretion and refusing to liberalize the gambling sector on the basis of a mutual recognition principle despite the pressure caused by the increasing number of cases referred to it and despite the confusion caused by its nuanced approach at the level of the national courts.