C-243/01, Gambelli [2003]

Context: This case involves Article 56 TFEU (Free Movement of Services), focusing on the criteria for restricting gambling services and ensuring compliance with EU law.

• Outcome: The ECJ refined the criteria for justifying restrictions on gambling services. It ruled that such restrictions must serve to limit betting activities in a consistent and systematic manner. Member states are permitted to regulate gambling activities, but must do so in a proportional and non-discriminatory way.

• Key Points:

◦ Criteria for Restrictions: To be justified, restrictions on gambling must be consistently and systematically applied, not arbitrary or sporadic.

◦ Proportionality and Non-Discrimination: Member states must ensure that their regulations are proportional to their objectives and do not discriminate against foreign providers of gambling services.