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21 October 2026
The Court of Justice of the European Union has reinforced member state control over online gambling in a key decision on Case C-440/23. In a dispute between Germany's state-run lottery monopoly and casino operator Eurojackpot, the CJEU determined that EU law, including Article 56 TFEU regarding service freedom, doesn't prevent member states from banning online casinos, slot games, and secondary betting. Even with significant demand, assessments of public order and social welfare outweigh arguments for cross-border licensing.
Germany's gambling system resembles much of Europe's, explains Edwin Pfeifer, LAWalties Partner for Gaming Regulation: There has been an established system limiting betting to state lotteries while permitting regulated sports wagering. It's complex - Germany's 16 states have some interstate coordination, but gambling regulation remains primarily a state responsibility.
