The Court of Justice of the European Union (CJEU) today heard case C-440/23, which concerns the compatibility of German gambling regulations with EU law. The case was initiated by the Maltese judge Prim'Awla tal-Qorti Ċivili and involves the legality of the German national lottery monopoly and the historical ban on online casinos prior to July 2021.
The main point of contention in this case is the German restrictions on online gambling, particularly the prohibition on unlicensed operators offering secondary lottery betting. According to Article 56 of the Treaty on the Functioning of the European Union (TFEU), this violates EU law. The case originated from a dispute involving a German lawyer representing a German gambler suing Lottoland for compensation for the principal lost in secondary lottery betting.
A key issue for the court to consider is whether the German ban on online betting by its national lottery is based on the legitimacy of consumer protection. Additionally, the court will assess the legality under EU law of distinguishing between state-run and private lottery betting.
It is worth noting that the Advocate General's opinion on this case is expected to be published on July 10, 2025
Philippe Vlaemminck, managing partner and EL legal advisor at Vlaemminck.law, along with Beata Guzik and Valentin Ramognino, are representing this case.
Vlaemminck also mentioned a recent statement by Koen Lenaerts, President of the European Court, on the social role of public lotteries.
