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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.”

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Gambling News :

South Africa Going After Illegal Gambling - In South Africa a combined national police and federal enforcement initiative has shuttered 19 illegal gambling venues across the provinces of Northern Cape and North West.

The Winning Express arbitrage sports betting scheme - A UK-based GBP 27 million arbitrage sports betting scheme, The Winning Express, has collapsed, leaving a thousand investors with concerns that their money is lost, according to a BBC report over the weekend.

Global Poker League Championship Results - #gpl The inaugural season of the Global Poker League Championship played out this week with the Montreal Nationals besting the Berlin Bears across 11 games to claim the $100,000 main prize.

Yahoo DFS Gets Uk License - #yahoo Industry observers point out that Yahoo has thus far carried out little in the way of major marketing on DFS in its US endeavors, unlike rivals DraftKings and FanDuel, and they expect it to follow a similar path in the Britain.

SPANISH GAMBLING MARKET CONTINUES TO GROW - Spain's gambling industry continued to advance in 2015 with growth in most sectors, according to the latest research report from the Codere - University of Madrid Institute for Policy and Governance collaboration released this week.

Novomatic Acquires Albanian National Lottery - #Novomatic The Austrian gaming technology group Novomatic has issued a statement confirming that it has completed the final required steps for the successful acquisition of the Albanian National Lottery.

2016 Massachusetts Gaming Commission Report - Industry journalist Steve Ruddock picked up on some interesting statistics from the latest annual report of the Massachusetts Gaming Commission released this week, flagging the current results from its on-going monitoring research of the state gambling market.

Jack Lam denies bribe allegations - Allegations by Philippines Justice Secretary Vitaliano Aguirre that casino tycoon Jack Lam used 'facilitator' Wally Sombero in an attempt to bribe him into protecting Lam interests have been hotly denied by Lam.

Fonbet Gets Russian Betting License - #Fonbet Russian-licensed operators are required to use officially sanctioned payment hubs called TSUPIS to facilitate government oversight, and this may be a concern for Fonbet at present.

New Attempts to Restore the Wire act - In the first of these initiatives, which Online Poker Report notes is supported by only eight state AGs (half those who signed a similar letter last year), the signatories seek support for RAWA at a Congressional hearing scheduled for December 9.

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