The European Commission's new Internal Market Commissioner, Michel Barnier, has delighted those in favour of a free European gambling market by stating that the Commission will continue to review legal battles between operators and member states on a case by case basis.

Since Portugal's state monopoly, Santa Casa, won their case in the ECJ last year, other member states had begun forming restrictive legislation based on the September ruling.

Operators, consumers and us here at right2bet, were extremely concerned that the Portuguese case would form some sort of precedence that would alter the opinions of EU judges when dealing with other similar cases.

Barnier though has moved to assure all concerned parties that the Commission recognizes the unique nature of the Santa Casa case, and will continue to apply EU principals when dealing with current and ongoing legal battles.

Speaking to the European Parliament, Barnier said that "the analysis of the Commission Legal Service regarding the European Court of Justice's Santa Casa ruling of September last year in favour of the Portuguese monopoly does not fundamentally alter the Commission's approach towards infringement procedures."

This is great news. Since the Santa Casa case, too many states have rushed to use that ruling to defend their own agendas of protecting their own, banning private operators and ultimately ripping-off their consumers.

Barnier's comments mean that the Commission will continue to treat each case on its own merits, and it send a warning to member states that they won't be able to infringe EU Law on the basis of "Santa Casa".

Naturally, the EGBA were pleased with what Barnier had to say, and their Secretary General Sigrid Ligne said the following:

"With several Member States currently reforming their gaming and betting legislation, this is an important confirmation that the Commission will not stand by while Member States introduce restrictions that go against the fundamental principles of the EU.
 
"We believe that the respect of Internal Market rules in our sector will promote high standards and improve the protection of players throughout the EU". 

We're encouraged by the new Commissioner's stance, however we want to see the Commission do more to punish member states who wantonly break fundamental EU Law.

There is no proof that restricting the market helps prevent addiction and crime. There is no proof that state-run operators offer better customer care. Though there is clear proof that many of the banned private EU operators offer consumers better value, more choice and better protection.

We're grateful that the Commission is at least talking a good game, however we'll only be satisfied when real action is taken against those states who continue to  protect their monopolies, at the consumer's expense.