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 7: EU Conflicts of Law Issues – Part 3: Enforcement of Judgments

Julia Hörnle and Brigitte Zammit

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


Brigitte Zammit 7.1 INTRODUCTION An online gambling operator registered in EU Member State X offers its online gambling services to citizens of that Member State in full compliance with the gambling laws of that country. Another online gambling operator subsequently sets up base in Member State Y and, without complying with the formalities required by the gambling law of Member State X, offers its online gambling services to the citizens of the latter Member State. The Member State X operator institutes proceedings in Member State X against the Member State Y operator for damages suffered as a result of its allegedly unlawful operations, succeeds in obtaining a judgment in its favour, and subsequently seeks to have it enforced against the Member State Y operator. This chapter critically analyses the harmonized EC private international law rules that regulate such enforcement and the issues respectively faced by the disputing parties and the enforcing courts when applying such rules. These rules are contained in the Brussels Regulation. The Brussels Regulation does not define the term ‘enforcement’. This term implies the taking of official steps to ensure compliance with a judgment that has ordered something to be done (such as the actual performance of an online gambling contract) or not to be done (such as an injunction prohibiting a particular unlawful activity).1 Once enforced under the Brussels Regulation, the judgment will in principle have the same effects in the enforcing Member State as it has in the Member State of origin.2 The obligation...

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