Answer given by Ms Bieńkowska on behalf of the Commission

3.9.2015

Without prejudice to a specific assessment of any particular notified draft law, the Commission has concerns about the compatibility of national provisions subjecting the provision of online gambling services to establishing a physical presence in the recipient Member State and has been pursuing investigations into similar provisions to that described by the Honourable Member[1].

According to well-developed case-law of the Court of Justice of the EU, Member States may restrict the provision of gambling services within their territory. However, the restrictions must be compatible with the Treaty on the Functioning of the EU. In particular, they must be non-discriminatory with respect to nationality and justified by overriding reasons in the public interest.

• [1] http://europa.eu/rapid/press-release_IP-13-1101_en.htm?locale=en