I-gaming and the freedom of establishment and the freedom to provide services

Abstract

This dissertation deals with the restrictions imposed by Member States on gambling operators who utilise new and modern means of communication to conduct their business. Chapter 1 provides an introductory insight into gaming and gambling. It analyses the history and religious aspects of gambling along with statistical evidence. An outline of the basic provisions of and the development in the fundamental freedoms of establishment and the freedom to provide services is given in Chapter 2. Chapter 3 contains an analysis of the major cases involving gambling that the ECJ has given to date along with the development of the Court's reasoning. This is followed in Chapter 4 by a discussion whether any EU secondary law has attempted to deal with the i-gaming scenario, and the reasons for the failure to do so. On the other hand, Chapter 5 shows the divergent national restrictions currently in force in Member States and the difficulty that national courts have in interpreting the ECJ' s recommendations.