European courts approve banning betting shops near schools

BrusselsThe European Court of Justice has endorsed the law approved by the Valencian government in 2020 that restricts the installation of betting houses, although it leaves the final say to the Spanish courts. The Court of Justice of the European Union (CJEU) ruled this Thursday that freedom of establishment may be "limited" by "exceptional measures" such as those in the law promoted by the Botánico executive if they "respond to overriding reasons of general interest," such as the fight against gambling addiction.

These reasons, according to the Luxembourg court, may include the "protection of public health and public safety" and the "prevention of addictive behaviors" linked to gambling, especially as they relate to vulnerable groups and individuals. However, it reiterates that the measures must always "pursue" the general interest and asserts that this is a decision it must review before the High Court of Justice of Valencia.

Thus, the highest court concludes that it "does not oppose" a regulation that "imposes a series of restrictions on operators in the gambling sector." Among other things, the law of the Valencian Country establishes minimum distances between different betting shops and also from educational centers, at least 850 meters and 500 meters respectively. It also prohibits the renewal of licenses for slot machines that offer prizes in bars or restaurants.

This is a complaint filed by several betting companies against the Valencian government of the Botánico, which approved these restrictions in 2020. One of the main arguments of these companies was that the Valencian Government placed restrictions on private gambling groups and, in contrast, did not restrict the activity of the organization's premises.

However, the Luxembourg court does not assess this difference in treatment that private gambling companies receive and considers that, in any case, the freedom of establishment of betting houses and the activity of slot machines may be restricted for reasons of general interest, such as those of the Valencian law. It should be remembered that, although this is a case that affects the Valencian Community, the CJEU establishes jurisprudence throughout the European Union.