EUROPEAN BETTING ASSOCIATION SUPPORTS LATEST E.C.
MOVES
23 March 2007
We should be allowed to offer our services in a
fair, regulated, and competitive market, says official
The actions of the European Commission in pursuing EU
states which deny access to private or foreign online
gambling companies were applauded by the European
Betting Association this week.
In a statement the Association commented on the European
Commission's issue of Reasoned Opinions against three
Member States (Denmark, Finland, and Hungary) and its
decision to extend its investigation to the legislation
of Germany and of The Netherlands.
These cases are the next step to the Letters of Formal
Notice issued on 4th April 2006 against seven Member
States (Denmark, Finland, Germany, Italy, The
Netherlands, and Sweden) for restrictions in their
legislation in the provision of sports betting services
in contradiction to Article 49 of the EU Treaty (freedom
to provide services) and European Court of Justice (ECJ)
case law that fundamentally establishes sports betting
as a cross-border service.
The Association says it is no surprise that the replies
which these Member States have given were deemed
inadequate by the European Commission.
"None of them have shown any indication or willingness
to reconsider their monopolistic restrictions or to
engage in a process of constructive dialogue with other
stakeholders. On the contrary, some of these Member
States have introduced even more restrictive legislation
against private European-licensed operators while at the
same time allowing for their state-owned or state
controlled operators to expand and advertise their
products and services," the EBA statement claims.
ECJ case law, and most recently the Placanica ruling of
6th March 2007, imposes strict limitations for the
existence of monopolies and restrictions in national
gambling legislation, the EBA statement continues. "Such
restrictions are only acceptable for reasons of general
public interest, however most national legislations
allow state-run companies to raise revenue by product
expansion and massive advertising campaigns, but forbid
competition. These laws and practices cannot be
reconciled with the strict EU legal requirements."
The statement ends with a call for recognition of the
legitimate rights of EBA members to offer their services
in a fair, regulated, and competitive market.
Sigrid Ligne, the Secretary General of EBA, comments:
"We hope that the countries addressed by today's
decision will now engage quickly in the necessary
reforms. There are several other Member States that are
under similar investigation and we invite them to move
towards recognition and licensing schemes for the
European private online operators to compete cross
border in the internal market."
The EBA is an association of European gambling
operators, and a Brussels-based nonprofit trade
association. It promotes the right under EU law for
members based and licensed in one Member State to
promote their services in, and accept business from, all
other EU Member States.
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