European Gaming & Betting Association

New EFTA court ruling confirms EU licensed operators' right to have a fair access to gaming markets.

EGBA welcomes today’s European Free Trade Association’s (EFTA) Court ruling, which is enforcing legal certainty in the Norwegian betting and gaming markets.

The ruling leaves no doubts about the importance of adhering to the fundamental rights provided by the articles of the European Economic Area - freedom of establishment and freedom to provide services. In many EU and EEA Member States betting and gaming activities have been reserved to national monopolies on the assumption that it was the only way to control and limit side effects. However, there are clear and successful examples of Member States having introduced strictly regulated markets and licensing regimes allowing for fair competition while maintaining the highest levels of control and consumer protection.

“The EFTA Court interpretation proves that, national laws providing a state owned company with the exclusive right in the area of gaming and betting are not justified per se”, according to Sigrid Ligné, Secretary General of the EGBA. The EFTA Court requests in particular to assess whether state operators have “less economical incentive” and “less of an interest in aggressive marketing strategy than a commercial operator under a licensing system”. The Court also makes it clear that if national licenses can be requested by a state to operate on its market, such requirement would be excessive for companies already holding a license issued by its home state and fulfilling conditions that coincides with those requested in the state where the company wants to provide its services cross border.

Sigrid Ligné further reminds that a regulated market access will not result in a weakening of consumer protection. EGBA members have adopted already since 2003 a strict code of conduct which is designed to address and further improve aspects related to consumer protection where national regulations sometimes fall short. “We are committed to ensure that our activities are carried out in a socially responsible manner and are working with a number of national and international organisations to provide sustainable answers. But at the same time and without decreasing consumers’ protection in any way, EGBA members also believe that consumers have the right and are entitled to a safe and secured use of the internet for amusement like betting and gaming.”

The EFTA Court ruling is a clear proof, and a logical follow-up to the European Court of Justice ruling on Placanica in March 2007, that sports betting and similar services are fully recognized as a service with the right of being offered across borders. 

EGBA is therefore convinced that as a consequence of the EFTA Court ruling Norway and other EEA and EU Member States will start reviewing their prohibitive legislation and urges the European Free Trade Association Surveillance Authority and the European Commission to keep a strict  approach towards existing  infringements.

- ENDS –

For further information or comment please contact:

Sigrid Ligné: +32 (0) 2 256 7530 sigrid.ligne@egba.eu

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