EBA welcomes new step by the European Commission towards recognition and licensing of European established private betting and gaming operators

Brüssel (ots) - Today, the European Commission issued Reasoned
Opinions against three Member States (Denmark, Finland, and Hungary)
and has decided to extend its investigation in the legislation of
Germany and of The Netherlands. These cases are the next step to the
Letters of Formal Notice issued on 4th April 2006 against seven
Member States (Denmark, Finland, Germany, Italy, The Netherlands, and
Sweden) for restrictions in their legislation in the provision of
sports betting services in contradiction to Article 49 of the EU
Treaty (freedom to provide services) and European Court of Justice
(ECJ) case law that fundamentally establishes sports betting as a
cross-border service. It is no surprise that the replies which these
Member States have given were deemed inadequate by the European
Commission. None of them have shown any indication or willingness to
reconsider their monopolistic restrictions or to engage in a process
of constructive dialogue with other stakeholders. On the contrary,
some of these Member States have introduced even more restrictive
legislation against private European-licensed operators while at the
same time allowing for their state-owned or state controlled
operators to expand and advertise their products and services.

ECJ case law, and most recently the Placanica ruling of 6th March
2007 [Case C-338/04], imposes strict limitations for the existence of
monopolies and restrictions in national gambling legislation. Such
restrictions are only acceptable for reasons of general public
interest, however most national legislations allow state-run
companies to raise revenue by product expansion and massive
advertising campaigns, but forbid competition. These laws and
practices cannot be reconciled with the strict EU legal requirements.
The European Commission appears to have serious doubts as well, as
demonstrated by the decision taken today.

The European Betting Association, whose members are all
established, licensed and regulated in EU and the EEA, calls for
recognition of their legitimate right to be recognized and to offer
their services in a fair, regulated, and competitive market. Sigrid
Ligné, the Secretary General of EBA, comments "We hope that the
countries addressed by today's decision will now engage quickly in
the necessary reforms. There are several other Member States that are
under similar investigation and we invite them to move towards
recognition and licensing schemes for the European private online
operators to compete cross border in the internal market".

The EBA is an association of leading European gambling operators.
EBA is a Brussels-based nonprofit making association. It promotes the
right under EU law for members based and licensed in one Member State
to promote their services in, and accept business from, all other EU
Member States.

Originaltext: European Betting Association (EBA)
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For further information or comment please contact:
Konstantinos Maragkakis: +32 (0) 2 256 7526
konstantinos.maragkakis@eu-ba.org