ESA announces new policy on gambling complaints

The EFTA Surveillance Authority (ESA) has today decided to deprioritize the treatment of complaints in the area of gambling.

ESA has received and concluded on a number of gambling-related cases over the years. Moving forward, it will not be a priority for ESA to use its infringement powers to promote a Single Market in the area of gambling and gambling-related services, including online gambling. 

The EFTA Court and the Court of Justice of the European Union (“CJEU”) have repeatedly recognised EEA States' considerable margin of appreciation to restrict gambling services when pursuing legitimate public interest objectives such as the protection of minors, the fight against gambling addiction, and to combat irregularities and fraud.

In ESA's view, complaints relating to gambling may instead be handled more efficiently by national courts guided by the numerous judgements the EFTA Court and the CJEU have rendered on national gambling legislation. Complainants are therefore encouraged to make use of national remedies when facing problems with EEA law in the gambling sector or on gambling related issues.

With this decision, ESA aligns itself with the European Commission, which in December 2017 took a similar approach.