Online gaming: the Council of State draws the line between public health protection and freedom of enterprise

team vallettaAdministrative, Regulatory and Public Procurement, Antonella Terranova, Betting, e-Sports and Gaming, Ilaria Sgrilli, In the Press, Publications

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.

Read the full article in italian.

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