PoC legal challenge to be heard this month
New GB licensing regime set for judicial review after regulator is unsuccessful in attempts to have the case thrown out
Great Britain’s plans to implement a Point of Consumption regulatory regime will be contested in the courts later this month after the UK government and Gambling Commission were unsuccessful in their attempts to have the case thrown out.
The case, which will see the Gibraltar Betting and Gaming Association (GBGA) pitted against the government and regulator, is due to start on Tuesday 23 September at the UK High Court of Justice – ahead of the new regime’s prospective 1 October go-live date.
Last week, eGaming Review reported that the government and regulator had sought to have the case thrown out, arguing that EU law shouldn’t apply to goods and services provided by Gibraltar due to its as a non-EU member state.
The GBGA last month lodged an application for a judicial review into the planned introduction of the PoC regime in the Britain, stating the Act would constitute a breach of EU law.
According to the GBGA, the new licensing framework 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.
Dan Tench, partner at Olswang, the law firm representing the GBGA said: “Our client is pleased that the judge has recognised the strength of our claim, and has taken very sensible steps to ensure this is heard expeditiously before the regime is due to come into force.
“This is absolutely essential not only because we believe that this regime falls foul of European law but also because of the severe risk of detriment of consumers arising from the new law.”
The date could yet be delayed should the two parties fail to secure their legal teams for the specified dates, however, the GBGA have said they will be prepared for the start date in eight days’ time.
Speaking to eGR this morning the Gambling Commission refused to comment on the case apart to say it would be continuing to prepare for implementation of the Act on 1 October.