Key points
- The Court of Justice of the EU heard pleadings on the legality of Germany’s online lottery and casino restrictions
- The case considers whether Germany’s state monopoly and ban on unlicensed online betting comply with EU law
The Court of Justice of the European Union (CJEU) today heard pleadings in case C-440/23, a legal dispute regarding the compatibility of Germany’s gambling regulations with EU law. The case was raised by Malta’s Prim’Awla tal-Qorti Ċivili and concerns the legality of Germany’s state-run lottery monopoly and the historical ban on online casinos before July 2021.
The main issue in the case is whether Germany’s restrictions on online betting, particularly the prohibition on unlicensed operators offering secondary lottery bets. This is a breach of EU law under Article 56 of the Treaty on the Functioning of the European Union (TFEU). The case stems from a dispute involving a German lawyer’s claims against Lottoland on behalf of a German player seeking reimbursement for stakes lost on secondary lottery bets.
A key point for the Court to consider is whether Germany’s ban on online bets on its state lottery can be justified on the grounds of consumer protection. Additionally, the Court will assess whether the distinction between state-run and privately operated lottery betting is legally sound under EU law.
Good to know: The Advocate General’s opinion on the case is expected to be published on 10 July 2025
Philippe Vlaemminck, Managing Partner at Vlaemminck.law and EL Legal Advisor, was joined by Beata Guzik and Valentin Ramognino in representing the case.
Vlaemminck also referred to recent statements made by Koen Lenaerts, President of the CJEU, on the social role of public lotteries.
