Cross-border Online Gambling Law and Policy

Cross-border Online Gambling Law and Policy

Julia Hörnle and Brigitte Zammit

This highly topical book analyses the conflicts between different regulatory regimes governing online gambling in the international context and how these affect the cross-border provision of online gambling.

Chapter 6: EU Conflicts of Law Issues – Part 2: Applicable Law

Julia Hörnle and Brigitte Zammit

Subjects: law - academic, internet and technology law, private international law


Brigitte Zammit 6.1 APPLICABLE LAW ISSUES IN CONTRACTUAL ONLINE GAMBLING DISPUTES The proper functioning of the internal market creates a need, in order to improve the predictability of the outcome of litigation, certainty as to the law applicable and the free movement of judgments, for the conflict-of-law rules in the Member States to designate the same national law irrespective of the country of the court in which an action is brought.1 6.1.1 The Rome I Regulation The Rome I Regulation is the primary source of law that regulates the manner in which the law applicable to cross-border contracts is to be determined. Its provisions apply ‘in situations involving a conflict of laws, to contractual obligations in civil and commercial matters’.2 Prima facie, therefore, the law applicable to obligations arising from cross-border online gambling contracts will be determined by this Regulation. The concept of ‘civil and commercial matters’ echoes that which defines the scope of both the Brussels Regulation discussed in Chapter 5 and the Rome II Regulation discussed further on in this chapter. Given that the drafters of the Rome I Regulation intended to align the text thereof with that of both these Regulations3, it is submitted that this concept will be defined in the same manner in all three Regulations, as defined by the ECJ. The analysis in Chapter 5 is therefore relevant to the present discussion in its entirety. The Rome I Regulation is intended to be of universal application, with Article 2 providing that any law specified...

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