The European Court of Justice has ruled against the Belgian government’s case that European Commission guidelines on consumer protection interfered with member states’ rights.
The CJEU found that the Commission had not gone beyond its treaty-based competences by issuing the guidelines, which relate to online gambling.
Published in 2014, the guidelines contain practical recommendations aimed at preventing minors from online gambling. The Belgian government had claimed that these guidelines impacted on member state sovereignty and competences to regulate national gambling markets.
The European Gaming and Betting Association welcomed the CJEU decision and supports the adoption of the Commission’s guidelines which, while not legally binding, serve as a tool to encourage member states to apply a high level of consumer protection for online gambling activity in the EU.
Maarten Haijer, secretary general of EGBA, said: "We welcome the decision by the Court and strongly support the Commission’s guidelines for online gambling services which aim to protect consumers and minors across all EU Member States.
“We now call upon the Commission to evaluate the implementation of its guidelines by Member States and identify any gaps and corrective action needed to encourage Member States to achieve a high level of consumer protection."
