Answer given by Mr Barnier on behalf of the Commission
In 2008, the infringement proceedings launched by the Commission in relation to Article 56 TFEU and provision and promotion of gambling services concerned 11 Member States. Further to the dialogue established with the Member States concerned and to legislation subsequently adopted, a number of infringement proceedings have been closed. Cases against 9 Member States remain under investigation; 28 complaints registered with the Commission on the application of Articles 49 or 56 TFEU in the field of gambling concern 12 Member States. The Commission is in dialogue with a number of these Member States in light of legislative changes they are undertaking and with a view to ensuring these are consistent with EC law.
Complainants have been kept informed about the status of the proceedings, in accordance with the rules on relations with complainants. The investigations also led to debates on gambling in Council and in Parliament, culminating in calls on the Commission inter alia to explore alternatives to these proceedings(1). In response to these challenges the Commission adopted in 2011 the Green Paper on online gambling in the internal market(2).
The Commission will rely on the facts and the in-depth information gathered in the Green Paper consultation in its ongoing assessment of national legislation in pending infringement cases, and it will take action in respect of national rules clearly not complying with the Court's jurisprudence. The upcoming communication on online gambling in the internal market will also address the issue of compatibility of national gambling rules with the Treaty.
Presidency Progress Reports and Council conclusions of 10 December 2010 on the framework for gambling and betting in the EU Member States, European Parliament resolution of 10 March 2009 on the integrity of online gambling.