Summary

In connection with Estonia’s potential accession to the European Union, little attention has so far been given to areas which are subject to regulation by the national law. However, there is a danger that although some areas are regulated by the national law in general, EC law also applies in some aspects. A good example is the legal regulation of gambling. The common view is that gambling is regulated by the law of each Member State. Nevertheless, it should be borne in mind that gambling is also related to other issues, which are governed by EC law (for example, competition, the free movement of goods, etc.). The author examines several judgments of the European Court of Justice, which are relevant in this respect.
The examined judgments show that gambling is an ordinary business activity governed by the provisions regarding the free movement of goods of the Treaty establishing the European Union. The Member States have the right to provide for derogation from the rules on the free movement of goods to protect their social, cultural or political interests. The position of the European Court of Justice is that derogation in the national interests is necessary and is subject to the decision of the national courts. In respect of monopoly, the European Court of Justice has ruled that monopoly is only permitted for the achievement of specific objectives in general interests.