Whereas the European Union is founded on the tenet of the Single European Market, enhanced by the directives on the free movement of services and the freedom of establishment throughout the community, European policy is far from consistent in the world of remote gaming.

Intrinsically international in character, the provisions of cross-border gaming in Europe via electronic means is still being hampered by some states. European Internal Market Commissioner Charlie McCreevy’s view has however been consistent, and has constantly spoke against the restrictive practices being put in force not only by member states but also by non-member states and his office has been inquiring into the practice and legislation of certain member states including those adopted in France and Germany. Whereas the latter member states continue to mount to the challenge despite infringement proceedings have been instituted against them, other member states, such as the United Kingdom and Italy have been gradually coming closer to the establishment of an open market in the remote gaming industry.

Whereas not as comprehensive as idealism would otherwise desire, the European Court of Justice too has had the opportunity to define the legitimacy of certain restrictive practices as opposed to illegitimate practices, the Gambelli and Placanica judgments have been considered by many as landmark judgments which should be guiding member states accordingly.

Whereas it has been declared by the International Market Commissioner himself that it is not his intention to bring forward a harmonized piece of legislation on gambling in the European Union due to the diverse mental, cultural and juridical differences between the various member states, discriminative practices, in particular between public and private stakeholders, are unacceptable and illegal in terms of European Law.

Malta was the first European member state to have implemented specific legislation in 2004 to license and regulate online gaming. The increasing number of licensed operators is setting the pace to mark Malta as the European hub of remote gaming.

August 2007