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European Union Commission urged to clarify gambling's EU legal status

There are indications that some European Union politicians are not averse to seeking "exceptions" to the core EU principle of "free movement of goods and services between member nations." Specifically there are those who have tried to fly the idea that online gambling is an "economic activity of a particular nature" - a possible thin-end-of-the wedge approach to hamstring the enforcement activities of the European Commission and thereby shield state monopolies anxious to preserve their priveleged and protected status.
 
This week the European Parliament and the EU Council of Ministers called on the European Commission to 'initiate a dialogue' with a view to reaching political agreement on the legal status of gambling in Europe.
 
The Commission, under the energetic and respected Charlie McCreevy, is charged with safeguarding and enforcing the core EU principles, and it has been active in warning and guiding exclusive state monopolies

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on the path to compliance, sometimes with the threat of an appearance before the European Court of Justice. The activity has resulted in European Court of Justice (ECJ) rulings on the issue and several Commission infringement procedures against member states to verify whether national measures limiting the cross-border supply of online gambling services are compatible with Article 49 of the EC Treaty, which guarantees the free movement of services.
 
However politicians with perhaps national interests front-of-mind rather than the true spirit of EU membership have been debating the issue at some length, and there is little doubt that some EU sports ministers want games of chance excised from the services directive, allowing the state monopolies to maintain the status quo.
 
Both the European Parliament and the Council have taken non-legislative initiatives in recent months on this highly sensitive issue, which clearly impacts both taxation and the continued non-competitive prosperity of state-owned monopolies within national boundaries, without preventing them from branching out into the international market.
 
In December last year, the French EU Presidency presented a review of the legal framework and policies in EU member states on gambling and betting, apparently to stimulate debate at EU political levels on related cross-border issues. Shortly after, and following extensive discussion and amendment, the Parliament's internal market and consumer protection committee adopted an own-initiative report by a Danish MEP (see previous InfoPowa reports) on the integrity of Online gambling .
 
The publication EurActiv opines that once the EU Parliament adopts the report in plenary next week, despite the opposition of Britain and Malta, the Commission will have been sent two political signals. As the Finnish permanent representation counsellor Harri Syväsalmi told EurActiv this week: "A smart listener will act accordingly."
 
However, McCreevy's office remains unintimidated, with a spokesman responding to a EurActiv request for comment, saying that the only initiative related to gambling she knew of was "the next round of infringement cases!"
 
EurActive reports that legal expert Philippe Vlaemminck of Vlaemminck & Partners has taken a view on the issue, favouring a political rather than judicial solution. "Even the European Court of Justice has said it does not want to rule on something that is political," he told the publication.
 
Vlaemminck suggests that one way forward could be to first recognise that "gambling is an economic activity of a particular nature" and that member states must be able to maintain their own objective criteria on what is acceptable and, while respecting EU law, decide upon a taxation and operational structure: be that prohibition, monopoly or licensing.
 
Any political solution to gambling should be based on the four fundamental principles of the European architecture: subsidiarity, solidarity, integrity and precaution, Vlaemminck opined. "These principles need to be taken into account so that a political solution can be found," the lawyer said.
 
Online gambling operators currently pay taxes to the country in which they are domiciled, even though their services and therefore profits may be made in another country. The main host countries of cross-border online gambling service providers are thus heavily opposed to any move towards taxing gambling activities in the country where it takes place, reports EurActiv. The French have apparently made provision for collecting taxes from online gambling companies operating in the soon-to-be-liberated French gambling market.



Gambling News :

Betradar Launches US Sports Betting Solutions - With only a few weeks to go until the betting and gambling world descends on ICE in London, Betradar have today announced that they will be launching a comprehensive range of tools and services to any company that will be looking to provide sports betting in a post-PASPA United States.

Abdelaouhab Zizi Wins MPNPT Morocco Main Event - Abdelaouhab Zizi has defeated fellow Casablanca resident Fadhil Farag heads up to win the 2018 MPN Poker Tour Morocco Main Event and MAD 375,000 (c. €33,220) after a two-way deal.

Final 12 For MPNPT Morocco - Sunday on the MPN Poker Tour Morocco will see several trophies awarded at the Mazagan Beach Resort, with the largest going to the Main Event champion along with a prize of MAD 400,000 (c.€35,400).

MPNPT Morocco Updates - Leading the 104 combined survivors from both flights is still Said El-Yousfi with 272,000 chips; visit the MPN Poker Tour blog for an end-of-day recap and full chip counts.

MPN Poker Tour Morocco Day 1A - The MPN Poker Tour has returned to Morocco this week (January 11-14), featuring the MAD 1.5 million guaranteed Main Event, accompanying side events, and the activities and parties for which this tour has now become known on two continents.

2018 MPN Poker Classic - The MPN announces the return of The Classic tournament series this January. The series is back following its successful €350,000 guaranteed debut in 2017. This time €500,000 is guaranteed, along with a once in a lifetime trip to Monaco for the Classic Champion.

PDC and Sportradar Renew Deal - Following this month’s hugely successful World Championship, the Professional Darts Corporation (PDC) and long-standing partners Sportradar have renewed their multi-faceted cooperation that will see the leader in sports data and content continuing in their role as official data

Poker Yaar Joins MPN - Available through download, instant play and mobile, Pokeryaar.com is live with Omaha, Hold’em and Five-Card poker variants, alongside MPN’s Fish Party, the industry’s only progressive jackpot SNGs.

New MPN Poker Rooms Tower Torneos - Impressed with Microgaming, having already integrated with the Quickfire platform to gain access to some of the industry’s best gaming content, Tower Torneos has extended the relationship with poker.<

NY Rangers vs. Devils on 12/21 - When the Devils and Rangers hit the ice on Thursday (7 PM ET on MSG), so too will two of the league’s top netminders. After a slow start to the season, Henrik Lundqvist has returned to his form of old. Through 29 games, he’s posted a 2.59 goals against average, and a .920 save percentage.

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