Online Gambling and the Further Displacement of State Regulation: A Note on PMU v Zeturf

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An article by our very own and founding member of LRS Justin Borg Barthet has been accepted for publication by International and Comparative Law Quarterly and is now available through their website and the library. The article, titled Online Gambling and the Further Displacement of State Regulation: A Note on PMU v Zeturf, deals with the quagmire that legal regulation of online gambling has turned into in light of the recent judgement GIE Pari Mutuel Urbain (PMU) v Zeturf Ltd by the Cour de Cassation in Paris.

Abstract:

Online gambling constitutes a service for the purposes of the freedom to provide services in the EC Treaty. However, Member States may limit that freedom in order to protect societal norms. This regulatory latitude causes significant uncertainty. This paper analyses recent litigation in which the highest courts of two Member States considered the limits to the freedom to provide services, jurisdiction and recognition and enforcement of judgments, and the interface between their public policies. It is argued that the present regulatory environment is fraught with loopholes and offers no clarity as to which Member State may exercise prescriptive and adjudicatory jurisdiction.

Justin hosted a brief talk on the same topic back in February as part of the LRS discussion series.

Full citation of the article is J. Borg Barthet, 'Online Gambling and the Further Displacement of State Regulation: A Note on PMU v Zeturf' (2008) International and Comparative Law Quarterly 417-426.

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