Legal Opinion: Overall assessment of the circumstances by the Austrian courts incorrect!
Thomas Forstner2021-09-28T11:25:57+02:00The consistency checks of the Austrian supreme courts fail to meet the requirements of Union law: In the overall assessments of the circumstances, actual circumstances, namely the practical application of gambling regulations, play too little of a prominent role; moreover, the assumptions underlying the objectives of gambling regulation are only insufficiently scrutinized. The coherence checks, which are to be carried out again and again in any case, thus fail to meet the requirements of EU law in terms of the level of control to be applied by the national courts. This is particularly evident in the area of advertising....