SPAIN Law and Practice Contributed by: Alla Serebrianskaia, Marta de Francisco, Sara Lao and Laura Llorca, Asensi Abogados
2. Jurisdictional Overview 2.1 Online Gambling General Regulation
ues was extended by one year, pursuant to the Tenth Transitional Provision of Law 1/2020. Second, on 16 October 2025, the CJEU issued a land- mark judgment affirming the regulatory powers of the Generalitat Valenciana to impose restrictions on gam- bling, provided that such measures comply with the principles of suitability, necessity and proportionality. The CJEU concluded that Article 49 TFEU (Freedom of Establishment) does not preclude the restrictive measures adopted by the regional government, as long as the High Court of Justice of Valencia (TSJCV) verifies that they are appropriate and proportionate to achieving public interest objectives such as con- sumer protection, public health, and the prevention of gambling addiction. The contested regional measures include: • minimum distance requirements of 850 metres between gambling premises and educational cen- tres, and 500 metres between gambling establish- ments; • the prohibition on renewing operating licences for Category B terminals (gaming terminals with prizes) in hospitality venues; and • a five-year moratorium on new gambling venue licences. The court further noted that these restrictions can be justified as coherent and proportionate measures to prevent the overexposure of vulnerable groups to gambling and to curb the rapid proliferation of gam- bling venues in the region. Catalonia The approval of Law 2/2025 also reinforced restric- tions on gambling in Catalonia by eliminating the reduced tax rate initially foreseen for the Tourist and Recreation Centre project (Vila-seca/Salou), through the repeal of Articles 11, 17 and 18 of Law 6/2014.
Gambling regulation in Spain is divided between online gambling that is offered at a federal level and land-based or online gambling that is offered within one region. Online games offered at a federal level require a federal licence that entitles the holder to operate online in the whole territory. However, land- based gambling or online games offered at a regional level (in one or several regions) require the relevant licence from the relevant autonomous region. Therefore, online gambling in Spain is regulated at both a federal and regional level; the applicable regu- lation, and which gambling products will be legally approved, depends on whether these are commer- cialised at a national level or only at a regional level in one or several autonomous regions in Spain. Online gambling at a national level is regulated by the Spanish Gambling Act ( Ley 13/2011, de 27 de mayo, de regulación del juego ), and each gambling product has its own regulation approved by a ministerial order. A game is not permitted if it is not regulated or is not covered under any of the regulations in force. The following games have been regulated so far, and are therefore permitted to be offered at a federal level:
• pools on sports betting; • fixed-odds sports betting; • pools on horse betting; • fixed-odds horse betting; • other fixed-odds betting; • exchange sports betting; • exchange horse betting; • other exchange betting games; • contests;
• poker; • bingo; • roulette; • complementary games; • blackjack; • baccarat; and • slots.
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