The Court of Justice of the European Union (CJEU) today heard arguments in case C-440/23, which challenges whether Germany’s gambling laws align with EU regulations.
Brought forward by Malta’s Prim’Awla tal-Qorti Ċivili, the case focuses on the legality of Germany’s state lottery monopoly and its prior ban on online casinos before July 2021.
At the heart of the case is Germany’s restriction on unlicensed operators offering secondary lottery betting—an issue potentially conflicting with Article 56 of the Treaty on the Functioning of the European Union (TFEU), which protects the free movement of services. The legal action was initiated after a German lawyer, representing a local player, sought reimbursement from Lottoland for losses on secondary lottery bets.
The CJEU will examine whether Germany’s prohibition on private online lottery betting can be justified by consumer protection concerns, and whether the legal distinction between public and private lottery offerings is valid under EU law.
Representing the case were Philippe Vlaemminck, Managing Partner at Vlaemminck.law and legal advisor to the European Lotteries, alongside Beata Guzik and Valentin Ramognino.
Vlaemminck also referenced recent comments by CJEU President Koen Lenaerts, who underscored the societal importance of public lotteries.
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