Online gaming gambling laws

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Gambling case law European Commission work in the field of online gambling services

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In a number of judgements, the Court of Justice of the European Union (CJEU) has ruled on the compliance of national regulatory frameworks with EU law. Online gambling regulation in EU countries is characterised by diverse regulatory frameworks. Under EU law, no particular system is favoured over the others. However, a growing number of EU countries have established licensing systems that allow more than 1 operator to offer services on the market. These are run by a state-controlled public operator or by a private operator on the basis of an exclusive right.

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In some European jurisdictions, monopolistic regimes offering online gambling services have been established. Some countries allow all games, while others only allow certain types such as betting, poker or casino games.

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Most EU countries allow at least some games of chance to be offered on the internet. The freedom to provide services or to open a business in another EU country is particularly relevant here. EU countries are autonomous in the way they organise their gambling services, as long as they comply with the fundamental freedoms established under the Treaty on the Functioning of the European Union (TFEU), as interpreted by the Court of Justice of the EU. There is no sector-specific EU legislation in the field of gambling services.

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