New article on the topic of “Incoherence of Austrian Gambling and Betting Regulation”, published in the Austrian law journal “Medien und Recht”!

„According to the authors, the structure of the Austrian gambling and betting regulation largely contradicts the coherence requirement under EU law. In this respect, it is contrary to EU law and inapplicable. The aforementioned regulations may not be enforced until a new regulation in conformity with EU law is in place – they remain in force, but are overridden by EU law – and the described advertising by the monopolist must be stopped. In particular, the incoherences lead to the inadmissibility and inapplicability of the restriction to only one online gambling licence. For reasons of legal certainty, the Austrian gambling legislator must ensure legal clarity and create a legal situation in conformity with EU law; if it fails to do so, the Republic of Austria may be liable for damages due to the violation of the freedom to provide services“.

MR 2020 Heft 6, 330 – 335, text and photo see 

The article can be purchased here: