A recent opinion expressed by a European Court of Justice (ECJ) official throws a spanner in the works for those hoping for a single market approach to online gambling.
ECJ Advocate General, Paulo Mengozzihas has opined that Member States aren't bound to recognize gambling licenses issued by other Member States. Mengozzihas was commenting on a German case involving Gibraltar licensed Carmen Media Group that is turning on the issue of whether German authorities must recognize Carmen's Gibraltar license for their German facing operations.
While there is a school of thought that an online gambling license issued by an EU Member State, combined with the EU Treaty's Freedom of Services provisions should give operators due authority to operate in all European markets (a view espoused particularly by the operators), individual countries take a different view. Particularly when they are seeking to protect the market share of locally sanctioned monopoly gambling operations.
According to the Advocate General, current EU law does not oblige Member States to recognize licenses from other Member States. Further, and critically, he says that the EU Treaty freedom of service provisions do not give license holders free reign to provide their service to residents of all Member States.
While the Advocate General's opinion is not binding on the ECJ, it is influential and usually followed.
In related news a story doing the rounds at player forums is suggesting Estonian ISP's have been issued a letter by authorities requiring that they block a list of online gambling sites. 175 operator websites are named, including all the major names, Unibet, William Hill, Bwin, bet365 etc. The block is due to go into effect March 15.
Never a dull moment in European online gambling!
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