24 September 2025
The Court of Justice of the European Union (ECJ) ruled that the ability of member states to restrict gaming markets and stop the incorporation of operators licensed in other states was against the law.
In this fashion, the ECJ confirms the principles of freedom of establishment and freedom to provide services concerning cross-border gambling in the European Union.
The ruling comes in the wake of the case Biacsi et al vs Italy. Critics claim that what Italy intended was to protect their gambling monopoly (valued at 2,000 million euros) which belongs to the Italian state and some authorized private partners.
"The ECJ ruled that the restriction of national gambling markets by EU Member States, in order to promote economic interests over the holders of licensed operators in other Member States is contrary to the law of the EU. National legislation which excludes all cross-border activity in the betting and gambling areas, regardless of how they perform that activity, is contrary to EU law", states the report.
In 2006 Italy blocked approximately 684 gaming operators who were based in Malta; right after that, the Italian government also blocked UK operators. The alleged motive was the protection of italian users from fraud, but many hold the opinion that the purpose was the protection of italian economic interests.
Italy will now, supposedly, open its borders - and any operator will have the option of doing business within its borders.
