European Court Advisor Emilio recently issued a legal opinion on the Tipico player compensation case, stating that as long as it complies with the EU's free movement rules, member states should have the right to enforce local gambling license requirements. This opinion is of significant guidance to cross-border gambling operators. Simply put, the justices of the EU court are siding with the member states—if you do business on their turf, you must obtain their license.
Core Opinion: Member states can enforce local licenses, no need to compromise with unlicensed operators
Emilio pointed out in interpreting Article 56 of the Treaty on the Functioning of the EU that if a member state imposes a licensing requirement for specific services within its territory, and this requirement itself complies with EU treaties, then national authorities, including courts, have the right to enforce this requirement on operators who provide services without a license. He emphasized that due to "significant moral, religious, and cultural differences" among member states on gambling issues, it should be up to the member states to decide on the relevant regulations for games of chance. As long as they adhere to the principle of proportionality, member states still have the right to adopt regulatory arrangements they deem appropriate to protect consumers.
Case Background: Player seeks compensation for gambling losses during the unlicensed period
This case is one of several high-profile player loss cases heard by the European Court. A player filed a lawsuit against Tipico in a German court, attempting to recover gambling losses that occurred before the German "National Gambling Treaty" took effect. The player argued that since Tipico did not hold a local German license at the time, the contract should be considered invalid. Tipico argued that the German regulatory framework was opaque and unfair, and claimed that it had attempted to obtain a German license during the disputed period. The case was submitted to the EU level, with the core issue being whether operators providing gambling services without a local license violated EU law.
Unresolved Question: Where will the player compensation wave go?
The advisor's opinion leaves several issues to be determined by the trial court itself and did not provide the decisive ruling expected by the outside world. With a wave of player compensation losses emerging in several European countries (Germany, Austria, Netherlands), this opinion leaves many unresolved issues. Want to know the latest developments in European gambling law? PASA official website continues to track.
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This article is from "PASA-Global iGaming Leader" gambling industry news channel:https://t.me/pasa_news
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