EU states quizzed over gambling services restrictions
Sweden at risk of European Court of Justice case as European Commission launches infringement proceedings against seven EU Member States
The European Commission (EC) has launched infringement proceedings against a number of EU Member States regarding their gambling laws and possible breaches of internal market rules.
The EC has sent two reasoned opinions to Sweden, the second and final stage in a pre-litigation procedure which could see the country brought before the European Court of Justice for restricting the supply of gambling services.
The opinions outline the Commission’s position on the infringement with Sweden, which operates a gambling monopoly under state operator Svenska Spel, given a two-month window in which to reply.
Sweden becomes the fourth nation to receive a reasoned opinion, along with Hungary, the Netherlands and Greece.
Swedish MEP Christofer Fjellner regarded this as a clear signal for his country’s government to act, considering that the finance ministry will be mindful of avoiding a costly lawsuit.
“We cannot have a situation where the government stands in the Court and defends why Sweden has not reformed gaming market regulation as a broad, bipartisan majority in parliament,” Fjellner added.
A spokesperson for Svenska Spel declined to comment on the subject.
The governments of Belgium, Cyprus, the Czech Republic, Lithuania, Poland and Romania have all also received letters of formal notice, requesting the states submit observations on identified problems regarding the application of EU law.
Germany and Greece have not been included on the list however despite several operators questioning their respective gambling laws and their compatibility with EU law.
Germany has encountered several delays in its move to issue sports betting licences and last week revealed that not one applicant had met the minimum requirements for a licence, while Greece has come in for criticism after it issued monopoly plans for its state operator OPAP, which has since been privatised.
European operator Stanleybet, which operates in both Cyprus and Romania, has criticised the lack of action taken by the EC on Greece, claiming that the Commission considers them “untouchable”.
“We hope that this time the Commission will be even more rigorous in its actions and will not take years while the situation on the ground remains detrimental to private operators,” Adrian Morris, deputy MD at Stanleybet, said.
Clive Hawkswood, CEO of the Remote Gambling Association, welcomed the announcement as a step in the right direction towards preventing unjustified market closures.
His sentiments were echoed by European Gambling & Betting Association secretary general Maarten Haijer, who said the “highly significant” decision would bring further legal clarity to the EU’s online gambling market.
“EGBA urges Member States to use this opportunity to put in place effective, commercially viable gambling legislation which takes into account the CJEU requirements and to avoid the need for litigation at the Court of Justice,” Haijer added.
The announcement comes just over a year after the Commission published its action plan for online gambling, claiming that steps would be taken to ensure Member States fully complied with EU law.
The EC initially started a dialogue with member states last year, with MEPs Ashley Fox and Jürgen Creutzmann calling for action on compliance issues.