EU Top Court Rejects Google's Appeal Over Italian Gambling Ad Fine

The Court of Justice of the European Union (CJEU) has dismissed Google’s legal challenge against a €750,000 ($854,250) penalty imposed by Italian regulators for hosting gambling advertisements on YouTube. The ruling, delivered on Thursday, clarifies that the tech giant cannot rely on intermediary liability exemptions when it has actively reviewed a content creator’s channel as part of a commercial partnership.

The case originated from a fine issued by Italian authorities, which was upheld by an Italian administrative court in 2022. Google appealed, arguing that it was shielded by EU telecommunications rules that protect platforms from liability for third-party content. The Italian court then referred the matter to the CJEU for guidance.

The CJEU, however, found that the liability exemption only applies to platforms acting as neutral, passive intermediaries with no knowledge or control over hosted material. The court stated that this protection does not extend to situations where a platform evaluates a creator’s channel—including its theme, top videos, and metadata—before entering a commercial agreement. “Google may be held liable for the YouTube videos of a content creator with whom it has a commercial partnership,” the judgment read.

Google expressed disappointment with the decision. A company spokesperson said, “We are disappointed by the CJEU's decision, which we will need further clarity on.” The spokesperson added that Google would continue to argue its position before the Italian Council of State, the country’s highest administrative court.

The Italian administrative court will now resume proceedings and deliver a final ruling based on the CJEU’s interpretation of EU law, bringing the matter closer to a conclusion.