CJEU ruling shakes up gambling regulation across EU
The importance of the EU’s Technical Regulation Information System (TRIS) notification process, particularly for gaming rules, was reinforced by a recent decision by the Court of Justice of the European Union (CJEU).
On 13 March 2025, the decision firmly declared that national gambling laws deemed “technical regulations” require prior notification to the European Commission. Failure to comply makes these regulations legally unenforceable against gambling operators.
This ruling, anchored in Directive 2015/1535, isn’t just a procedure—it protects the integrity of national gambling rules under EU law. Ignoring TRIS risks regulatory chaos, harming regulators, operators, and consumers.
Transparency and market stability in gambling
TRIS keeps gambling regulations transparent, giving operators and stakeholders a vital three months to analyse and comment. The aim of this is to limit legal disputes and avoid regulatory disturbance. Achieving a good balance provides a stable European gambling landscape.
TRIS helps keep the internal market open by making sure national rules don’t quietly block the free flow of services like gambling. For operators, TRIS offers a buffer. This knowledge—that unnotified regulations are unenforceable—gives operators legal grounds to challenge sudden or disproportionate national measures.
Maarten Haijer, Secretary General of the European Gaming and Betting Association (EGBA), highlighted the significance of the ruling: “Proper notification of draft gambling regulations to the European Commission is essential for good policy making and to allow for any proposed changes to national gambling frameworks to be scrutinised for their compatibility with EU law. The TRIS notification procedure facilitates transparency and allows for potential EU law compatibility issues to be identified before national regulations take effect.”
Haijer also called on the European Commission to strengthen its enforcement approach.
“An effective TRIS procedure also relies on the European Commission to actively scrutinise all incoming notifications, which it has not been doing consistently in recent years. We’re confident, however, that the new Commission’s emphasis on the enforcement of EU law will lead to it stepping up its efforts to ensure draft national gambling laws are adequately scrutinised for their compatibility with EU law.”
Impact of ruling on member states
In Lithuania, the effect was immediate. Its gambling law changes crumpled after the country didn’t notify the Commission. It shows why TRIS matters. Ignoring it leads to legal uncertainty and unenforceable rules.
The ruling tells EU countries that they need to follow the rules, or there could be some serious fallout. It lays down the legal basics and helps create a more organised set of gambling laws for Europe.
TRIS aims to make gambling laws clear and fair. It brings national rules in line with EU standards and puts an end to risky or confusing practices. That consistency earns trust and strengthens player protection.
In a recent landmark decision for the European gaming sector, Malta’s First Hall of the Civil Court ruled against the enforcement of Austrian court judgements that had ordered Malta-licensed gaming operators to refund player losses.
Brexit shifts the rules for UK gambling regulation
Now, outside the EU, the UK no longer follows the TRIS procedure. This gives regulators more control to apply their own rules, including tighter gambling limits and stronger consumer safeguards shaped around domestic priorities. The UK Gambling Commission is taking a firm stance against non-compliance. It recently ordered AG Communications Limited, trading as Aspire Global, to pay a £1.4 million (€1.70 million) penalty after uncovering serious breaches of anti-money laundering (AML) and social responsibility (SR) regulations.
But that independence comes at a price. UK firms now must deal with a maze of gambling rules across the EU. Cross-border access is now far more complicated. For those trading in both markets, the result is clear—more red tape, more costs.
Where do EU gambling rules go next
Europe’s gambling sector is changing at pace, and both the Commission and member states must keep applying the TRIS procedure with focus and consistency. This ensures regulatory coherence and helps EU states achieve their public policy objectives without breaching EU laws.
EGBA remains committed to a well-regulated gambling market across Europe—one that protects players and keeps things transparent. The recent CJEU ruling strengthens that stance and makes TRIS compliance non-negotiable.
