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EU ATTORNEY GENERAL IN NEW ONLINE GAMBLING OPINION

Thursday, October 27, 2011 : Unless it is non-discriminatory, suitable and proportional, prevention of cross-border gambling is against the Treaty
 
The rather muddied legal waters around the question of free movement of goods and services between companies in member states of the European Union has hopefully been made a little clearer with the publication Thursday of a new opinion from the European Court of Justice Advocate General's office.
 
Advocate General Cruz Villalón issued his opinion on the joined Costa and Cifone cases regarding the access of British gambling operator Stanleybet to Italian licenses (Cases C-72/10 and C-77/10).
 
Stanleybet had claimed that the procedure to award Italian licenses protects operators that already had local licenses during a period in which the licensing procedure unlawfully excluded certain operators.
 
Advocate General Villalón opined that licensing systems and procedures in EU nations must respect the requirements of the Treaty.
 
Advocate Villalón, recalled the requirements needed to justify restrictions on the freedom to provide services between EU member nations, which apply in the Stanleybet case...in particular that legislation must be non-discriminatory, suitable and proportional.
 
“National legislation which prevents any type of cross border gambling activity, irrespective of how this activity is exercised, ... , is contrary to articles 49 and 56 of the TFEU” the Advocate's opinion reads at para 82.
 
"National legislation that tends generally to protect holders of licences issued at an earlier period on the basis of a procedure that unlawfully excluded some operators can be regarded as an unjustified restriction of the freedom to provide services" he emphasises at para 58 of the opinion. "Maintaining the business position of such historical concession holders is contrary to the Treaty provisions."
 
The Advocate also notes at para 69: “Articles 49 and 56 of the TFEU oppose national legislation which guarantees the continuation of acquired commercial positions on the basis of a procedure which illegally excluded a number of operators.”
 
A date for the ruling of the European Court of Justice has not yet been set.
 
Commenting on the opinion today, Maarten Haijer, director of Regulatory Affairs at the European Gaming and Betting Association trade representative body, said: “We welcome the opinion of the Advocate General which confirms that Member States´ gambling legislation needs to comply with the basic requirements of the Treaty.
 
"It is the cornerstone of the Internal Market that a European licensed operator should have access to licenses in other Member States and be able to offer cross border services.”
 
“With several preliminary questions pending in Italy alone, it is clear that we can´t continue to expect the European Court of Justice to shape the European market. The European legislator needs to step in and introduce regulation that addresses and harmonises licensing standards within the EU.”

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Gambling News :

Tain Fast Bet - Our readers will recall Tain recently increased the number of live events it covers each month to 23,000, covering both traditional markets such as football, tennis and US sports and the more obscure curling, biathlon and Water Polo.

Olympic Entertainment Group Mobile Gaming - In its full-year 2016 report, Olympic Entertainment Group (OEG) has informed the establishment of a Malta-based company registered to facilitate its intended expansion into remote gambling.

Circus Evolution HD Slot - Malta-based content provider World Match has released its first title of 2017, “Circus Evolution HD”, a 5-reel, 3-row, circus-themed adventure offering Free Spins, Wilds and a Bonus Game.

Kindred Group Gets EU Recommendation on Consumer Protection - Kindred Group (formerly Unibet) has become the first operator to successfully meet the requirements of the EU Recommendation on Consumer Protection and Responsible Gambling following an external audit.

17 Crown people still detained - Reports from China over the weekend suggest that the 17 Crown people still detained could be looking at another twelve months of imprisonment as investigations into their alleged and still unspecified crimes drag on

SB1400 Virginia Poker Skill Game Bill - Her bill SB1400 is currently with the Senate General Laws and Technology Committee, whose 15 members will decide whether to progress it or condemn the Senator to another year of failure.

Pennsylvania Video Gaming Association - With the focus on Pennsylvania as the most likely next US state to legalize online gambling as part of a general gambling expansion measure, reporters noted this week the emergence of a new lobbying group in the state - the Pennsylvania Video Gaming Association.

Stiffer Problem Gambling Penalties in UK - The Guardian newspaper reports that the UK Gambling Commission plans to unveil new enforcement strategies on problem gambling and money laundering prevention this month, laying down tougher penalties for operators who fail to tackle these issues.

Malaysian police Destroy over 5000 Gambling Computers - Malaysian police in Kajang have destroyed 5,042 computer sets seized in online gambling raids over the past two years, explaining that the action is designed to take the machines out of circulation.

Spartan Poker vs SpartanPoker name War - Pokerguru, which owns the brand SpartanPoker.com, has threatened to sue the Indian Poker Championship over its use of the title Spartan Poker, and recently published a notification that it is not associated with the IPC version of the brand.

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