GB regulator asks court to throw out PoC legal challenge
Gambling Commission and UK government argue EU law doesn't apply to goods and services provided by Gibraltar
Great Britain’s Gambling Commission says Gibraltar’s attempts to derail the implementation of the Gambling Act should be quashed, arguing EU law relating to freedom of services shouldn’t apply to the British territory, eGaming Review can reveal.
The Gibraltar Betting and Gaming Association (GBGA) last month lodged an application for a judicial review into the planned introduction of a Point of Consumption licensing regime in the UK, stating the Act would constitute a breach of EU law.
According to the GBGA, the new licensing framework, which is due to begin on 1 October, should be considered “unlawful” and a “restriction on the freedom to provide services” as guaranteed by Article 56 of the Treaty on the Functioning of the European Union.
However, according to court documents seen by eGR, the regulator and the government have asked for the GBGA case to be dismissed due to Gibraltar’s position as a non-EU member state.
The regulator and government hold the view that services provided by persons established in Gibraltar to persons in the UK does not constitute intra-EU trade and therefore is not applicable to Article 56.
However the government of Gibraltar, which is listed as an interested party in the proceedings, said while the argument provided a complex issue of law, it shouldn’t be a basis on which the courts should refuse permission for the application to proceed.
Furthermore, it highlighted the special constitutional status of Gibraltar under EU law which would point to services provided between the two territories being treated as intra-EU services.
The courts have yet to decide whether to grant a judicial review, however, it is now unlikely that any case would be heard before the regime’s planned go-live date of 1 October.
Speaking to eGR, a spokesperson for the GBGA said it would be “an error” should the courts decide not to proceed with the review.
“Given the fact that this legislation is likely to have an adverse impact for British consumers, reducing their protection, it is absolutely essential that a court considers whether it falls foul of European law,” the spokesperson said.
“Any attempt to have the case not heard on jurisdictional grounds would be a real disservice to British consumers and, as our government in Gibraltar has made clear, it would be a further legal error on an issue of great constitutional importance.”
When contacted by eGR this morning, the Gambling Commission refused to be drawn on the matter.
“The Commission does not comment on ongoing cases,” a spokesperson said. “We continue to prepare for the Act coming into force on 1 October.”