In two rulings, published on the same date, the Supreme Court states that, indeed, online gaming was prohibited in Spain before Law 13/2011. That said, the ban is declared to be against EU laws (article 56 of the TFEU), without the need for a preliminary question to the CJEU, as it is deemed an “acte clair” (which has multiple ramifications). It could be called upon by operators from EU Member States (not others).
These rulings open up a complex debate for those companies that, relying on the Spanish legal framework of a clear prohibition, refrained from operating in Spain until they were granted a license under Law 13/2011.
There a multiple nuances: potential State liability and others which, we recommend, should be assessed with enough depth. This is an earthquake for the industry that comes in 8 years after the grant of the first online licenses. The debate will spill over to other jurisdictions and, more concretely, has an interesting angle of action alongside the EU Comission, which has brought Spain before the Luxembourg Court on the grounds of the requirements for claiming State liability being against EU law, too.
LOYRA are analyzing the rulings and drawing different scenarios to fully understand the potential legal consequences of these recent rulings and their impact both on online and offline operators
18+ | Juegoseguro.es – Jugarbien.es
