With the Santa Casa da Misericórdia ruling (C-42/07), the Court affirms that restrictions on the freedom to provide services may apply to online gambling and betting in Member States, reiterating the requirement for those measures to be proportional.
Although, in principle, the Court raised doubts concerningĪpplication of certain restrictive measures to gambling in Member States (Gambelli Case, C- 243/01), it has subsequently recognised that there may be a relation between the increase in games offered and the public order defence, while pointing out that, with regard to any measure taken against illegal gambling, the principle of proportionality must be respected (Placanica Case, C-338/04). The Spanish Presidency understands that the last rulings of the European Court of Justice on this matter require Member States to start a constructive debate and an exchange of views on the concept of illegal gambling.
