ECJ examines Italy's gambling advertising ban - groundbreaking ruling for the EU
The European Court of Justice (ECJ) is currently examining whether the Italian gambling advertising ban is EU-compliant and is subject to the notification requirement. The decision could be groundbreaking for the regulation of gambling advertising across the EU and have implications for national advertising bans. The focus is particularly on protecting vulnerable groups.
Background: Gambling advertising in the EU
In the EU there is no uniform regulation for gambling advertising . The member states set their own rules, but must respect the fundamental freedoms of the EU Treaty and guarantee consumer protection. Many countries regulate advertising strictly: In Italy, since 2026, the Decreto Dignità has imposed a comprehensive advertising ban on gambling, which also includes sponsorship and only excludes national lotteries.
New Zealand only allows gambling advertising at night and bans sponsorship and celebrity endorsements. In the Netherlands, commercials are limited in time and number, and programs with a large number of young viewers are not allowed to broadcast gambling advertisements. Also the advertising for Online casinos is strictly regulated and is only permitted for licensed providers.
The current case: Italy before the ECJ
The current case before JustCasino concerns a legal dispute between the Italian communications regulator AGCOM and a Maltese online gaming operator with an Italian license. AGCOM imposed a sanction on the provider for violating the Italian gambling advertising ban in effect since 2026. .
The provider appealed and argued that the advertising ban had to be submitted to the European Commission before it came into force should have been notified , as required by the EU Directive 2026/1535. In addition, the compatibility of the ban with EU law, in particular the freedom to provide services and the protection of vulnerable groups, is questioned.
Previous ECJ rulings and their meaning
In November 2026, the ECJ ruled in the Lithuania case that a national ban on the promotion of gambling is considered “technical regulation” within the meaning of the EU Directive 2026/1535 should be classified and was therefore subject to notification. Lithuania had imposed an advertising ban without notifying the European Commission in advance.
The ECJ stated that non-notification renders the ban practically inapplicable and may not be enforced against the gambling provider concerned. This decision underlines the importance of the obligation to notify technical regulations, which is intended to prevent Member States from establishing barriers to trade and services without prior review by the EU Commission.
The Duty serves to protect the internal market and the freedom to provide services. For advertising bans in the gambling sector, the ruling means that such bans are only effective if they have been properly notified. Otherwise they cannot be enforced in national courts, which is the legal situation Online casinos with real money and authorities significantly influenced.
Possible consequences of the ECJ decision for Italy and the EU
The ECJ decision on Italy's gambling advertising ban could a comprehensive revision of the Decreto Dignità initiate. If the Court were to classify the advertising ban as not having been properly notified, the ban would be practically ineffective, creating political pressure for adjustments. This could lead to clearer, EU-compliant regulations that better balance both the protection of vulnerable groups and the freedom to provide services.
For other EU member states with similar advertising bans, the ruling signals that technical regulations such as advertising bans must be strictly notified in order to be legally effective. Countries with comparable regulations could be forced to change theirs Review laws and adapt them if necessary to avoid sanctions or legal uncertainty.
Conclusion
The ECJ proceedings on Italy's gambling advertising ban exemplify the complex balance between national consumer protection and EU fundamental freedoms. Previous judgments emphasize that restrictions must only be proportionate and coherent . The decision will clarify whether the Italian advertising ban was properly notified and is therefore legally effective.
A Ruling in favor of Italy could strengthen protection against gambling addiction , while a contrary ruling would force an adjustment of national regulations. The decision has far-reaching implications for the regulation of gambling advertising in Europe and therefore also for the best online casinos in the New Zealand market.
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