Unjustified restrictions to EU Law dismissed even for a transitional period
In the absence of harmonisation of the gaming legislations, the European Court of Justice has not yet finished to deliver rulings upon the compatibility with European Union law of domestic laws. The opinion of advocate general Bot delivered on 26 January 2010 completes an abundant and consistent case-law on this aspect. The refusal to derogate from the principle of primacy of EU law over national laws has been upheld.
Winner Wetten GmbH is a company established in Germany which provides sports bets services on behalf of another company established and registered in Malta. Pursuant to the legislation of the Land Nordrhein Whestphalen, pursuant to which theses activities are limited, Winner Wetten has been prohibited from continuing to carrying out unauthorized sports betting. Relying upon the freedom to provide services, Winner Wetten has instituted court proceedings against this decision. The Judge has considered it was necessary to make a reference for a preliminary ruling to the Court and wanted to ascertain whether a national law instituting a State monopoly on sports betting which contains restrictions on the freedom of establishment and the freedom to provide services, inasmuch as it do not serve to limit betting activities in a consistent and systematic manner, may still continue to apply exceptionally for a transitional period. … Continue Reading
