ECJ Jurisprudence and Recent Developments in EU Sport Betting

Abstract

Summer 2008. A year after the ‘Placanica’ decision by the European Court of Justice and roughly 16 years since ‘Schindler’ came to light before the same court. What have we learnt? Has there truly been a dramatic shift in the way European institutions, courts, legislators, and citizens approach the exciting, yet ‘immoral’ subject of gambling? Can sport betting enterprises freely roam the services market of the European Union? Can member states still run lotteries and betting monopolies in exclusion of competitors, embracing the revenue accrued, chastising the ‘corrupt’ competition, and justify the means under EU Law? Is the gambling market yet another ‘failed’ aspect of European integration, destined to be endlessly epitomised by procedural entanglement, lack of political will, conflicts between member states, and inability or reluctance of European collective bodies to assume initiatives and resolve these conflicts, promoting the European Treaty’s purposes? Or could it just be that gambling, twisted as it may be, is in the forefront of a common market realisation? These and other questions are entertained by the modest contribution at hand, one that aspires to unveil certain important concepts from past legal and policy developments in this exhilarating and controversial field. The best element about this academic journey is this: no risk involved whatsoever… Or could this quest be as risky as being dealt an undesirable hand on the blackjack table? The reader will know at the end. Hopefully the final gain will be as enjoyable as the journey.

Keywords: European Court of Justice, European Union, Gambling, Sport Betting

JEL Classification: K00, K10, K19, K20, K29, K30, K39, K40, K41, K49