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Europe Rules On Gambling Ads
July 12,2012 : EUROPEAN COURT OF JUSTICE RULES ON GAMBLING ADVERTISING
HIT Larix case provides marketing clarification for EU Member States
The European Court of Justice has ruled that an EU Member State cannot prohibit gambling advertising from another Member State merely on grounds that the protection guaranteed in that Member State is not identical to the domestic rules.
On 12 July 2012, the Court found in the HIT and HIT Larix case (C-176/11), an issue based on the rejection by Austrian authorities of an advertising permit application submitted by a casino operated in Slovenia.
The ruling provides a number of important clarifications on how Member States must address cross border gambling advertising:
* When granting advertising permits "the levels of protection for gamblers that exist in the various legal systems concerned must first be compared."
* A Member State can require that "the applicable legislation ensures protection against the risks of gaming that is in essence of a level equivalent to that which it guarantees itself". But, it cannot require "the rules in the other Member State to be identical" to its own, which would be disproportionate.
In any case, Member States "cannot impose rules not directly related to protection against the risks of gaming". If Member States impose rules that protect incumbents, such provisions cannot justify restrictions of the freedom to provide services as decided in the recent Costa and Cifone ruling (C-72/10).
The ruling is a further illustration of the need for harmonisation of online gambling laws in EU States, the trade body European Gaming and Betting Association said Thursday, emphasising that its members adhere to the EGBA Standards and the Responsible Remote Gambling Measures set out by the European Committee for Standardisation, most of which surpass the requirements set out in national gambling legislations.
EGBA Secretary General Sigrid Ligné said of the ECJ ruling: "It confirms that Member States cannot regulate the gambling market in isolation but need to take into account protection guaranteed by other Member States.
“Today's ruling once again shows that consumer protection rules for gambling are fragmented in the EU, which might be good for lawyers, but it´s certainly not in the interest of consumers. It highlights the urgency of European Commissioner Barnier´s proposal to develop a common European base of principles and measures of protection, so that all citizens are protected, wherever they are and whichever legal site they are connecting to.”
Gambling News :
Chinese Government to Support Macau -
Macau's struggling gambling industry could receive a boost from the Chinese government before the end of the year, although details of what this could include have not yet been made public.
New York clubs and bars Want On premises Gambling -
The Amusement and Music Owners Association of New York would on the face of it appear to be an unlikely supporter for legalised online gambling, but the trade association and equipment supplier Betson Enterprises are about to embark on just such a campaign.
Dafabet in Esports Deal -
The latest online gambling operator to join the eSports trend is Dafabet, which this week signed a partnership deal with eSports operator Fnatic, agreeing to sponsor and promote the site to its international player base, and provide Dafabet branding for Fnatic eSports tournaments.
Cambodian government awards 10 new gambling licenses -
The Cambodian government has issued 10 new land casino licenses but says that the new operators are mainly interested in online opportunities that are possible through the licenses; in Cambodia, land licensees can add online gambling to their offering.
CASINO REWARDS WINS A.S.A. CASE -
Apollo Entertainment Ltd, which operates the Casino Rewards online gambling enterprise, had to defend a serious age-related issue reported to the Advertising Standards Authority last month. Whilst it was successful, the case did highlight a potential problem area for the industry.
Czech gambling industry Growing Rapidly -
The overall Czech gambling industry is worth around 138,000,000,000 Czech Korunas (GBP 3,761,890,857) a year in wagers based on 2014 statistics, and the online and mobile component is growing rapidly, the Prague Post reported this week.
GAMEACCOUNT AND FOXWOODS PARTNERSHIP IS OVER -
A little over eighteen months ago the owners of the famous US resort casino Foxwoods, the Mashantucket Pequot Gaming Enterprise, and Irish online gambling technology company GameAccount teamed up to debut GAN's first free-to-play 'Simulated Gaming' online casino product in the US...but the partnership has not lasted.
DJI Holdings mobile lottery app trial in China -
DJI Holdings, a London-based firm that has penetrated the Chinese lottery market , has announced a new achievement, reporting that it has been given official approval to conduct a mobile sports lottery app field trial in the Shandong provincial city of Qingdao.
DraftKings advertising to Start In The UK -
UK residents; brace yourself for a storm of daily fantasy advertisements following the announcement Friday that DraftKings has inked a partnership deal with the usually fanatical anti-betting US National Football League.
NCAAF Odds: No. 13 Alabama at No. 8 Georgia -
For the first time since 2009, the No. 13 Alabama Crimson Tide are underdogs. They're getting 1.5 points at press time for Saturday's game (3:30 PM ET, CBS) in Athens against the No. 9 Georgia Bulldogs. Georgia is 4-0 SU and 2-2 ATS to start the season, while Alabama's title hopes are already on life support at 3-1 SU and 1-3 ATS.
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