The European Court of Justice has ruled that changes to the rules governing gambling promotions planned for Lithuania are not legally binding.
In a decision that could prove to be a landmark and precedent-setting decision across Europe, the courts have sided with the operator Unigames, which had rejected the notice provided by the government to the European Commission.
Unigames has previously been sanctioned for several violations, including a breach of Article 10(19), encouraging players to gamble on its website or at a remote location. This occurred back in 2021 due to an amendment to the rules in Lithuania that prohibited any promotion of gambling in marketing content.
However, it was stated that the violations still remained on the operator’s website at the date of the ruling, resulting in the operator being fined €12,662 and required to remedy the violation by 20 June 2022 at the latest.
However, the European Court of Justice ruled that the technical regulations were not applicable due to a “breach of notification obligation”, and the court also highlighted that the amendment had not been sufficiently communicated to the European Commission for amendment.
The court subsequently stated that this constituted a material procedural defect in the adoption of the technical regulations, meaning that they were not enforceable against operators.
Lithuania confirmed late last year that it would continue to work on tightening its gambling legislation. The new provisions were approved by the Seimas for inclusion in the Gambling Law of the Republic of Lithuania.
Underlining the significantly tougher new framework, it was confirmed that the “consolidated gambling age” of 21 would come into force on 1 July 2025. Raising the legal gambling age in Lithuania from 18 to 21 was also approved by the government, and the timetable for amending the Gambling Law will be determined by the Seimas.
In addition, financial service providers will be required to block transactions related to unlicensed gambling sites, the Ministry of Finance believes that the combined measures will create a safer gambling environment, reduce gambling addiction and ensure that licensed gambling operators adhere to high standards of social responsibility.
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