Can the protection of public health justify restrictions on online gaming, and if so, to what extent can it limit freedom of enterprise?
With judgment No. 7220/2026, the Italian Council of State annulled the absolute ban imposed by the Italian Customs and Monopolies Agency (ADM) on making internet-connected devices available to customers to access online gaming at top-up points (P.V.R.s), finding the measure disproportionate to the objective of preventing gambling addiction.
The weekly €100 limit on cash top-ups or top-ups made using equivalent payment methods remains in place, as does the ban on withdrawing funds from gaming accounts at P.V.R.s.
The ruling highlights a key principle for the regulation of the sector: even measures aimed at protecting public health must be proportionate and must not unduly restrict freedom of enterprise through general and indiscriminate prohibitions.
In an article published on Norme & Tributi Plus by Il Sole 24 Ore, Antonella Terranova, Ilaria Sgrilli and Michele De Zio analyse the ruling and its implications for online gaming operators.