On April 16, the European Court of Justice (ECJ) issued a ruling in case C-44023, affirming that Article 56 of the Treaty on the Functioning of the European Union (TFEU), which guarantees the freedom to provide services, does not prevent national bans on online casinos and secondary lotteries. This holds true even if the operator holds a license from another EU country.
The court emphasized that the objective of such bans is to channel the natural inclination of the population towards gambling into regulated and controlled avenues, while also combating the growth and spread of the shadow gambling market.
Additionally, the court confirmed that EU law and the principle of prohibition of abuse of rights do not hinder a player from filing a claim for the return of stakes if the agreement with the operator is invalid under local law. However, the issue of the player's awareness of the ban and its consequences is determined by national law.
The case involved a German player who lost funds between 2019 and 2021 with Maltese operators European Lotto and Betting and Deutsche Lotto-und Sportwetten during the online casino ban in Germany (GlüStV 2012). The Maltese court referred seven preliminary questions, all of which were substantively addressed by the ECJ. The possibility and conditions for actual refunds are determined by the national law of each EU country. This ruling largely aligns with the opinion of Advocate General Emiliu from September 4, 2025.