European legal update
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Transcript of European legal update
European legal update
IGCE, November 5th 2006, Dublin
Evelyn Heffermehl
ULYS law firm
European legal update
• ContentCommission’s infringement proceedingsFrance’s unsettled climateBelgium’s draft proposal on games of
chance
European legal update
• Until last April Commission did not initiate any infringement proceedings
• April 2006: opening of infringement proceedings against seven member states
Limited to sports betting market Does not touch upon existence of
monopolies as such but examines consistency of gambling policy
European legal update
• Commission infringement meeting October 12th: new proceedings
Italy: disproportionate character of the Italian finance act 2006 imposing blocking of sites in view of article 49 EC Treaty
Austria: national legislation prohibits promotion and advertising of foreign casinos +discriminatory gambler protection provisions only protects Austrian nationals
France : restrictions imposed by national legislation on private online bookmakers licensed in the EU whilst ever expanding national offer by monopolies
European legal update
• Why did the Commission decide to act ? Exclusion of gambling from Services directive Numerous complaints lodged by bookmakers Intense lobbying by private operators• National developments: Germany’s constitutional court ruling March 2006 Italy’s decision to block gambling sites: notification had been
sent to Italy but legislation remained in place despite DG enterprise’s LFN on non notification aspect (directive 98/34) in June
France: Bwin arrest “straw that broke the camel’s back” + other complaint lodged at DG Competition by main body representing casino sector based on abuse of dominant position
European legal update
• France: The Bwin “case”• Complaint by FDJ (monopoly) to the “Juge
d’instruction” : “super cop” with investigative and judicial competences : decides whether sufficient charges to defer matter to courts
• Arrest followed sponsorship deal with Monaco football club
• Charges: “unlawful games of chance, unlawful lotteries, advertising of a prohibited lottery, unlawful horse betting”
• Investigation still going on
European legal update
• France
• Finance minister has announced toughening of sanctions against advertisers: could rise up to 5 times amount of investments against only 4500 € today
• Government envisages blocking of sites (// Italy): French ISP association not in favour
European legal update
• Gaming battle between France and Europe has started
• Possible consequences Freezing of ongoing actionsMid term market opening • High administrative court also seized of the
consistency of the FDJ monopoly with EU law• Climate unsettled at the moment: government is
toughening its stance but difficult to know whether it will “walk the talk”
European legal update
• Belgium: draft proposal on games of chance
Possibility for EU remote gaming operators to obtain “certificate” (quality label) with Gaming Commission provided they fulfil certain conditions.
Likely adoption end 2006 via the Finance Act
European legal update
• Where from here?De facto de regulation process taking place at
national level : Germany, Italy, BelgiumReal push comes from market Commission: “defensive” stance, follows
evolution at national level before acting• De regulation: two to five years Community act not on the agendaNo European unlawful internet gambling act !
Thank you for your attention