1. The Commission would like to recall that it is for the Member States, in accordance with the relevant case-law of the CJEU, to determine the organisation and control of the gambling offer and how gambling is carried out. However, authorities granting betting and gaming licences have a duty to comply with the fundamental rules of the Treaties, the principles of equal treatment and of non-discrimination on grounds of nationality and the consequent obligation of transparency.

The revised German State Treaty on Gambling entered into force in July 2012 and the German authorities are currently implementing the new provisions. The Commission follows closely the implementation process, in a dialogue with the German authorities, in order to ensure compliance with EU rules. This includes regulation of land-based casinos and gambling halls. However, these services are only partly regulated in the State Treaty and mainly in specific legislation at federal and regional level; partly also under review. The Commission will equally ensure that these laws comply with EU rules.

2. Member States notify to the Commission draft legislation which contains technical regulations, including rules on services, in accordance with Directive 98/34/EC[1]. This procedure, a preventive control mechanism, allows the Commission and the authorities of Member States to enter into a dialogue that aims to ensure the compliance of notified draft technical rules with Internal Market law, as construed by the Court of Justice. Moreover, the Commission might consider further action if the assessment of the specific legislation adopted at federal and regional level in Germany lead to the conclusion that it unduly restricts the free movement of goods laid down in Art. 34 TFEU.

• [1] Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services.

OJ C 206, 02/07/2014