Dutch can ban online gambling rules European Court of Justice


Blow for the EU cross-bordervs. sovereignty argument.

Europe’s highest court ruled this week that the Dutch government is entitled to ban gambling on the Internet, dealing a legal blow to betting companies licensed in other EU nations who have been trying to access the Dutch market, reports Agence France Presse.

The report particularly notes Ladbrokes and Betfair among others which are banned in the Netherlands.

Holland has a licensing system that allows the government to restrict access to the gambling market.

Earlier, Ladbrokes and Betfair challenged the Dutch bans arguing, in separate cases, that they were properly licensed in Britain, a fellow EU nation, and that European law upholds the right of companies to cross borders and carry out business in other European Union countries.

The European Court of Justice found that, as EU laws on online gambling have not been harmonised, the court the gambling firms' UK licenses were not relevant.

"A member state can prohibit the operation of games of chance on the Internet," the court said in its judgement on
Thursday.

“Prohibition may, on account of the specific features associated with the provision of games of chance on the Internet, be regarded as justified by the objective of combating fraud and crime."

Nevertheless, the court said that such restrictions must be justified, "…in particular by the objectives of consumer
protection and the prevention of both fraud and incitement to squander money on gambling, as well as the need to preserve public order."

The case ended up in the European Court of Justice because the Dutch court system had referred it for guidance on whether national legislation was consistent with EU rules. The exclusively licensed Dutch state lottery De Lotto is allowed to offer new games and use advertising to make what they are offering on
the market attractive.

Sitting in Luxembourg, the court said that "…a policy of controlled expansion in the betting and gaming sector may be entirely consistent with the objective of drawing players away from clandestine
betting and gaming - and as such activities which are prohibited - to activities which are authorised and regulated."

It was up to the Dutch courts to ensure that those permitted to operate a monopoly on gambling must uphold the stated aims behind the restrictions and that gambling licenses are awarded fairly and transparently.

In summary, online gambling in the EU can be restricted by national governments, provided selective bans can be suitably justified.

General Gambling News Gambling Law & Society News

Login to post a comment:


 
 

Click Here to register a new account

What's going on right now!

4mins ago someone from Ireland read Videoslots.com review

Casino Community

Share this page on:
Follow LCB on:
Follow LCB

Casino Of The Month

Casino of the Month

In the last 24h

Totals

  • New Members
    33
  • Members Online
    401
  • Guests
    1,521
Highest Community Rated Online Casinos
SlotsMillion
  (96 Ratings)
32 Red Casino
  (362 Ratings)
Guts Casino
  (205 Ratings)
Club USA Casino
  (289 Ratings)
Mr Green Casino
  (313 Ratings)
Buzzluck Casino
  (183 Ratings)
Lucky Red Casino
  (229 Ratings)
Videoslots.com
  (176 Ratings)
BETAT Casino
  (216 Ratings)
NextCasino
  (172 Ratings)
Bet365 Games
  (190 Ratings)
Unibet Casino
  (165 Ratings)
Betsson Casino
  (238 Ratings)
CasinoLuck
  (245 Ratings)
Betsafe Casino
  (212 Ratings)
Redbet Casino
  (174 Ratings)
ComeOn Casino
  (281 Ratings)
Spin Palace Casino
  (129 Ratings)
Casino Extreme
  (182 Ratings)
Slotty Vegas
  (127 Ratings)
Intertops Red Casino
  (139 Ratings)
Thrills Casino
  (159 Ratings)
Slotland
  (342 Ratings)
Vera John Casino
  (198 Ratings)
Sin City Casino
  (112 Ratings)
Ladbrokes Casino
  (167 Ratings)
Winner Casino
  (364 Ratings)
Mummys Gold
  (141 Ratings)
Win A Day Casino
  (360 Ratings)
Intertops Casino Classic
  (122 Ratings)


Follow LCB on Facebook Follow LCB on Twitter Follow LCB on Pinterest Follow LCB on Google plus