C-42/07, Liga Portuguesa [2009]

Key Points to Note in This Case:

• Facts: Bwin, an online gambling company, sought to sponsor the Portuguese football league. However, Portugal had a ban on games of chance, which were monopolised by Santa Casa da Misericórdia de Lisboa. Bwin's activities were thus restricted by the national laws.

• Outcome: The ECJ held that Portugal's restriction on gambling services (ban on games of chance) was justified. The rationale was to combat crime and protect consumers, aligning with public policy objectives.

• Impact and Analysis:

◦ National Discretion: The case established that member states have the discretion to regulate gambling as they see fit, according to their own values and policies.

◦ Proportionality: While member states can set their own frameworks for gambling regulation, they must ensure that their restrictions are proportionate to their objectives.

◦ EU Legal Framework: The case reinforced that member states' different systems of gambling protection must still respect the principles of proportionality and non-discrimination under EU law.