EU Law on Remote Gambling Examined in UK & Gibraltar

A ruling is due in the Court of Justice of the European Union (CJEU) on whether the UK and Gibraltar should be treated as a single member state concerning EU law on remote gambling.

The hearing will begin at the CJEU on 4 October as part of a case between Gibraltar Betting and Gaming Association (GBGA) and HMRC. Under the Treaty on the Functioning of the European Union the ruling is set to examine whether Gibraltar should be viewed as a separate territory to the UK with the EU, so that the provision of services between the two should be treated as intra-EU trade.

Indeed, the High Court has asked whether Gibraltar should be treated as a third country or territory, outside the EU. The Court has also asked whether national taxation measures can constitute a restriction on the right to the free movement of services.

The GBGA represents a number of Gibraltar-based gambling operators delivering remote gambling services to consumers in Great Britain. The trade organisation unsuccessfully challenged changes made to the UK’s remote gambling laws in 2014.