Gambling presents Member States' legislators with a dilemma: how to regulate an activity which is perceived as morally objectionable and socially harmful, yet generates significant revenue, often earmarked for desirable social purposes, and seems impossible to prevent anyway? This dilemma is only further complicated once EU law kicks in.

Despite the increasing cross-border nature of gambling, however, and the clear role of the Treaty free movement rules, European regulation has so far proven unfeasible. Consequently, the EU Courts, both at national and European level, are increasingly confronted with the questions raised by this mix of money, morals and market.

In the last two years, the Court of Justice of the EU delivered several preliminary rulings on gambling. However, the message that resounds clearly from these judgments is that the Court is not prepared to cut the Gordian knot for the national and European regulators.