Questore di Verona v. Diego Zenatti, Case C-67/98, CGUE, 21 ottobre 1999

Restrictions on gambling and lotteries for the protection of consumers and for the maintenance of public order. Moral, religious or cultural factors affecting the regulation of lotteries and gambling. 

Art. 43 EC Treaty (Art. 49 TFEU) 
Art. 49 EC Treaty (Art. 56 TFEU) 

1. A national legislation which reserves to certain entities the right to take bets on sporting events and thereby prevents operators from other Member States from taking bets themselves constitutes an obstacle to the freedom to provide services. 

2. However, such an obstacle may be justified by the fact that it pursues aims relating to consumer protection and the protection of social order. 

3. The mere fact that a Member State has opted for a system of protection which differs from that adopted by another Member State may not affect the assessment of the necessity and proportionality of the provisions adopted in that regard. Those provisions must be assessed solely in the light of the objectives pursued by the national authorities of the Member State concerned, including religious and moral factors. 
(Reference for a preliminary ruling from the Consiglio di Stato, Italy, in the case between Questore di Verona and Diego Zenatti)