Google and AGCOM, the YouTube case returns to the Italian Council of State
The dispute between Google Ireland and the Italian Communications Authority (AGCOM) over gambling advertising shown on YouTube has entered a new phase. Following the Court of Justice of the European Union’s judgment of 16 July 2026, it will now be for the Italian Council of State to conclude the proceedings on the lawfulness of the penalty imposed by AGCOM.
On 10 September 2025, Google and AGCOM appeared before the Court of Justice of the European Union in a dispute concerning a €2.2 million fine. The fine was imposed on Google Ireland Limited for an alleged breach of Article 9 of the ‘Dignity’ Decree (Decree-Law 87/2018), which prohibits the advertising of online gambling.
What the EU Court ruled
In Case C-421/24, the EU Court did not directly determine whether Google was liable for the disputed content and did not definitively uphold the €750,000 fine. Instead, the European judges clarified the criteria that the Italian court must use to assess the platform’s role in distributing and monetising the videos.
The case began with AGCOM Resolution 275/22/CONS of 19 July 2022. The Authority considered that Google Ireland had breached Article 9(1) of the Dignity Decree, which prohibits the direct and indirect advertising of games and betting products offering cash prizes in Italy.
The case concerned numerous videos published across several YouTube channels linked to the same content creator. According to AGCOM, the videos promoted online gambling websites through gameplay sessions, references to bonuses, and links to platforms accessible to users.
Google appealed the decision, arguing that it was only providing a hosting service and should not be held responsible for content uploaded by users. The company first brought the case before the Lazio Regional Administrative Court. It was later appealed to the Italian Council of State, which referred several questions on the interpretation of the EU e-Commerce Directive to the Court of Justice of the European Union on 11 June 2024.
The case then moved to the Court of Justice of the European Union. The main question was whether YouTube could be held responsible for user-uploaded content that breached Italy’s gambling advertising rules.
Role of the platform
The EU Court clarified that the exclusion of gambling activities from the scope of the e-Commerce Directive does not automatically extend to a hosting service that stores advertising content provided by users.
Any exemption from liability depends on the role actually performed by the platform and on whether its activity is technical, automatic, and passive. The fact that it has a commercial agreement with a creator or shares advertising revenue with them does not, in itself, mean that it is liable for all videos published.
The position may be different where the platform does not perform a solely technical and passive role. In such cases, it is important to establish what checks it carried out on the channel, the videos, and the related information, particularly when deciding whether to admit or retain the creator in the partnership programme.
EU Advocate General Maciej Szpunar had already addressed the issue. The Advocate General highlighted the need to distinguish between the simple monetisation of content and activity that enables the platform to become aware of, or exercise effective control over, that content.
Decision returns to Italy
The EU Court’s judgment on gambling advertising published on YouTube therefore does not conclude the proceedings. It will be for the Italian Council of State to examine in detail how the partnership programme operated, the checks carried out on the channel, and the level of knowledge acquired by Google regarding the disputed content.
Only after that assessment will the Italian court be able to determine whether YouTube’s activity remained technical, automatic, and passive, and whether the platform may benefit from the exemption available to hosting services. Alternatively, it will have to decide whether the platform’s involvement in the commercial management of the content was sufficient to justify the liability alleged by AGCOM.
The case therefore remains open. Proceedings will resume before the Italian Council of State, which will be required to apply the Court of Justice’s interpretation of EU law to the specific circumstances of the case.
This article was originally published on the Italian SiGMA News page on 23 July 2026.
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