CJEU assesses whether Germany’s online lottery restrictions breach EU freedom to provide services

The preliminary ruling request was submitted by the Prim’Awla tal-Qorti ?ivili in Malta, arising from a claim seeking reimbursement of stakes lost in secondary lottery bets offered by Maltese-based private operators, such as Lottoland (European Lotto and Betting Ltd), to players domiciled in Germany. These operators lacked German licences, prompting a legal challenge.

The case raises critical legal questions. One concerns whether Germany’s state monopoly on lotteries and its former prohibition of unlicensed online betting on such lotteries, in force until July 1, 2021, can be justified under EU law — specifically on the grounds of consumer protection and public interest.

The admissibility of the preliminary reference is also under scrutiny, since the legal dispute was brought before a Maltese court, even though it involves a German lawyer who had acquired a player’s claim — and both parties reside in Germany.

During the hearing, the Court also explored the distinction between a state-run lottery and a secondary bet offered from another Member State on the outcome of that same lottery — a legal grey area in cross-border gambling regulation.

The Advocate General’s opinion is expected on July 10, 2025, and will likely offer crucial guidance on how far Member States can restrict gambling services under internal market rules.

Representing the European lottery sector, Philippe Vlaemminck, Managing Partner at Vlaemminck.law and Legal Advisor to European Lotteries (EL), appeared before the Court, joined by Beata Guzik (Director of Public Affairs) and Valentin Ramognino (Associate Lawyer). Vlaemminck emphasized the public and social role of national lotteries, referring to a recent article by Koen Lenaerts, President of the CJEU, who highlighted the contribution of state lotteries to public interest and charitable causes.