Malta MEP David Casa has recently put forward to the European Commission a question for written answer with respect to remote gaming licensing, with specific reference to the compatibility with the fundamental freedoms. In particular, Dr Casa asked whether “In a particular national gambling law that has been notified to the Commission, it is being suggested that a remote gaming licence may only be provided to operators that have a land-based presence or intend to do so within a particular time-frame following the obtaining of such licence. Can the Commission comment on the compatibility of this provision with the fundamental freedoms?”
In its reply, Ms Elżbieta Bieńkowska, Commissioner for the Internal Market, Industry, Entrepreneurship and SMEs, answered on behalf of the European Commission that “Without prejudice to a specific assessment of any particular notified draft law, the Commission has concerns about the compatibility of national provisions of online gambling services to establishing a physical presence in the recipient Member State, and has been pursuing investigations into similar provisions to that described by the Honourable Member. According to well developed case-law of the Court of Justice of the European Union, Member States may restrict the provision of gambling services within their territory. However, the restrictions must be comparable with the Treaty on the Functioning of the European Union. In particular, they must be non-discriminatory with respect to nationality and justified by overriding reasons in the public interest.”
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