Chapter 7: EU Conflicts of Law Issues – Part 3: Enforcement of Judgments
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...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.