Sjöberg and Gerdin: Swedish promotion ban lawful, unequal penalties not: Allegations, Court Orders and Status

What this case is about

The Court of Justice of the European Union decided the joined cases C-447/08 and C-448/08, criminal proceedings against Otto Sjöberg and Anders Gerdin, on 8 July 2010. The questions came by referral from the Swedish court Svea hovrätt, and the prosecutor was the Swedish public prosecutor.

The cases test Article 49 EC against the promotion ban and penalty provisions of the Swedish lotterilagen. They are among the advertising and marketing lawsuits that reached the EU's highest court.

Who is covered

This is a criminal case, not a class action. The defendants were Otto Sjöberg and Anders Gerdin, and the claimant was the Swedish prosecutor. The ruling affects any Member State that restricts gambling promotion and penalises it.

See Gambling Lawsuits in European Union for other CJEU cases.

Is there a payout?

No payout exists in this case. It is a criminal reference on promotion rules, and the record shows no fund, no damages and no claim process.

What the court decided

On 8 July 2010 the Court held that Sweden may prohibit the promotion of gambling organised for profit by private operators in other Member States. The reason is that Swedish law reserves gambling to non-profit or public-interest operators.

The Court also held that penalising promotion of foreign gambling more harshly than promotion of unlicensed domestic gambling is discriminatory.

The Svea hovrätt acquitted both defendants in 2011, according to the record. As of 14 November 2026 the CJEU judgment stands as the controlling ruling on these questions, and the record lists no open items.

Why it matters

The ruling sets out two limits for national gambling advertising rules. A state may ban promotion of gambling by foreign for-profit operators if its own system is restricted to non-profit or public-interest operators, but it may not punish foreign promotion more heavily than comparable domestic promotion.

The companion case on remedies is Unibet v Sweden. For the wider group of cases, see Advertising and Marketing Lawsuits Against Gambling Operators.

Questions people ask

Can Sweden ban the promotion of foreign gambling?

Yes, in the circumstances the Court described. Sweden may prohibit promotion of gambling organised for profit by private operators in other Member States, since Swedish law reserves gambling to non-profit or public-interest operators.

What made the penalties unlawful?

Penalising promotion of foreign gambling more harshly than promotion of unlicensed domestic gambling is discriminatory, the Court held.

Were Sjöberg and Gerdin convicted?

No. Svea hovrätt acquitted both defendants in 2011.

Related cases

• Riksåklagaren mot Otto Sjöberg och Anders Gerdin: the Swedish proceedings from Svea hovrätt to Högsta domstolen, status dismissed.
• C-432/05 Unibet v Justitiekanslern: the CJEU judgment of 13 March 2007 on effective judicial protection, status judgment.