INDUSTRIES, ISP | The EU Court of Justice on national restrictions to online gambling

On 16 April 2026, the Court of Justice of the European Union (CJEU) issued its judgment in case C-440/23 (FB v European Lotto and Betting Ltd and Deutsche Lotto-und Sportwetten Ltd), clarifying the extent to which Member States may restrict online gambling services offered by operators licensed in another Member State. The case arose from a restitution claim brought by a German player against two Malta-based operators offering online gambling services in Germany at a time when such services were, in principle, prohibited under German law. The CJEU held that Article 56 TFEU does not preclude national legislation prohibiting online casino games, including slot machines, and certain forms of online betting, where that legislation pursues legitimate objectives such as channeling gambling into controlled circuits and combating unauthorized parallel markets. Notably, the CJEU confirmed that the subsequent introduction of an authorization regime does not affect the legal consequences of a previous prohibition, including the nullity of contracts concluded in breach thereof and consumers’ right to seek restitution of lost stakes.

Newsletter n. 119 – June 2026