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Gibraltar and UK ‘are one’ in EU services, legal opinion states

Gibraltar and the UK should be treated as one single EU Member State in their freedom to provide services, the European Court of Justice was advised yesterday.
The opinion by Advocate General Maciej Szpunar is not binding but will be taken into account by the European court when it rules on the issue in the coming months. The court normally follows the advocate’s advice.
The case stems from the Gibraltar Betting and Gaming Association’s [GBGA] ongoing challenge to the ‘point of consumption’ tax, which is currently before the High Court in London.
If the European court agrees with its advocate, it would have a negative impact on the GBGA’s case in London. Conversely, however, it could potentially strengthen Gibraltar’s political argument that it must be treated as part of the UK on exit from the EU.
Pending the court’s final ruling, there was no public reaction yesterday to the development.
The Gibraltar Government noted the Advocate General’s advice but reserved its position.
“The Government will not comment until the final judgement of the European Court,” a spokesman said.


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