The EU online gambling ruling gives fresh clarity on how far national rules can go. It centres on a dispute involving Malta-licensed operators and a German player. The case highlights how different regulatory approaches still apply across the EU – see more details: 

• The Court of Justice of the European Union confirmed that countries can restrict certain online gambling services, even when operators are licensed in another member state. The case involved two Malta-based companies offering online slots and lottery-style betting. A German customer who lost money later sought to recover those losses through legal channels.
• At the time the bets were placed, German law only allowed limited forms of online gambling, mainly sports and horse racing. Other products, including virtual slots, were not permitted. The court found that such restrictions can be justified if they are aimed at protecting consumers and keeping gambling activity under control.
• The judges said EU rules on the free movement of services are not absolute in this context. Governments can step in where there are concerns around harm, fraud or illegal markets. They also pointed out that online gambling brings specific risks due to constant availability and limited oversight.
• One of the more practical outcomes of the EU online gambling ruling is that players may be able to claim back losses. This applies if the operator was offering services that were not legal in the player’s country at the time. Even holding a licence elsewhere in the EU does not automatically protect operators from such claims.
• The court also looked at Germany’s move to introduce a regulated licensing system in 2021. It made clear that this later change does not affect earlier cases. As noted in the ruling, “the participation of the consumer… is not sufficient to constitute an abuse of rights,” leaving room for claims linked to past activity.

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