Case C-440/23 Examines Compatibility of German Rules with EU Law
The Court of Justice of the European Union (CJEU) has heard pleadings in case C-440/23 — a key legal dispute that could impact the future of the online casino and lottery industry across Germany and Europe. The case focuses on whether Germany’s long-standing restrictions on online gambling, including its state-run lottery monopoly and ban on unlicensed online casinos prior to July 2021, are compatible with EU law.
Raised by Malta’s Prim’Awla tal-Qorti Ċivili, the case challenges the legality of Germany’s rules in light of Article 56 of the Treaty on the Functioning of the European Union (TFEU), which protects the free movement of services within the EU. The decision could influence not just German operators but also online game developers, live dealer studios, and casino studio online platforms operating across European markets.
At the heart of the dispute is Germany’s prohibition of unlicensed operators, including those offering secondary lottery bets online. The case originated from a claim against well-known online lottery operator Lottoland, where a German player is seeking reimbursement for lost stakes on secondary lottery games.
The court will also consider whether Germany’s ban on online lottery bets outside its state monopoly can be justified for consumer protection reasons — a key argument in regulating live studio and low cost live studio gaming environments where player safety is a growing focus.
This decision may also shape the future market for Evolution games and other leading providers of live dealer casino content, particularly as more operators explore opportunities in regulated markets like Germany.
Legal representatives in the case include Philippe Vlaemminck, Managing Partner at Vlaemminck.law and Legal Advisor to the European Lotteries (EL), alongside Beata Guzik and Valentin Ramognino. Vlaemminck highlighted recent comments from CJEU President Koen Lenaerts, who spoke about the social responsibility role of public lotteries — a point potentially influencing the court’s assessment.
The Advocate General’s opinion on the case is expected on 10 July 2025 — a date operators, casino studio online platforms, and even investors seeking casinos for sale will be watching closely, given the potential implications for market access and future regulation.
