LRS Presentation Tomorrow

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Wednesday 20th February, 5pm - Taylor C28 Justin Borg Barthet, 'The Challenge of Online Gambling to European Socio-Economic Governance'

Abstract:
In Schindler the ECJ held that lotteries fall within the meaning of the freedom to provide services for the purposes of the EC Treaty, provided that Member States may derogate from the Treaty in order to protect public order and the interests of consumers. The judgment leaves much room for interpretation regarding the extent to which Member States may erect barriers to online gambling within the EC. In the absence of European legislation to clarify the limits of Member States’ powers, it is submitted that a lack of clarity gives rise to ample grounds for costly litigation. In addition, the law as it stands challenges the notion of shared sovereignty in the EC. Prescriptive jurisdiction is haphazardly distributed among the Member States, rather than being pooled supranationally. Moreover, the rules governing adjudicatory jurisdiction allow ample room for forum shopping. The presentation analyses these issues with reference to the litigation in PMU v Zeturf in which the courts of two EU Member States had to contend with questions of the freedom to provide services, jurisdiction, recognition and enforcement of judgments, and the conflict between the public policies of Member States.

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