EU Court Dismisses Dutch Appeal in State Aid Case, Rules in EGBA’s Favour
16.10.2025
EGBA welcomes today’s CJEU ruling confirming the European Commission failed to properly investigate whether the Netherlands granted unlawful state aid by extending monopoly licences to incumbent operators in 2014 without an open tender process.
Brussels, 16 October 2025 – The Court of Justice of the European Union (CJEU) has today dismissed an appeal by the Netherlands in a state aid case concerning the extension of monopoly licences to incumbent betting and lottery operators in 2014. EGBA welcomes the ruling, which upholds the EU General Court’s 2023 decision that the European Commission had failed to properly investigate whether the Netherlands granted unlawful state aid to incumbent operators by extending their monopoly licences without an open tender process.
Background
- In 2014, the Netherlands extended several monopoly licences to incumbent betting and lottery operators without an open, competitive tender process. EGBA filed a complaint to the European Commission in 2016, arguing the lack of an open tender process violated EU state aid rules.
- In 2020, the Commission decided to close EGBA’s complaint without opening a formal investigation, claiming no state aid was involved.
- EGBA appealed the Commission’s decision to the CJEU in 2021.
- In 2023, the EU General Court ruled (Case T-167/21) in EGBA’s favour, annulling the Commission’s decision and finding it had failed to properly investigate the case.
- The Netherlands appealed that 2023 ruling. Today’s judgment (Case C-59/24 P) dismisses that appeal entirely.
The Court confirmed that when investigating state aid complaints, the Commission must examine all relevant aspects of a measure and cannot take shortcuts in its analysis. The Court was not asked, and has not determined, whether unlawful state aid actually occurred, but rather its ruling focused on the Commission’s failure to properly investigate whether the licence extension procedure constituted state aid.
“We welcome the Court’s ruling. This is a clear victory for the proper enforcement of EU law. The Court has confirmed what we said all along: the Commission must investigate state aid complaints thoroughly and cannot take shortcuts. While this case dates back to 2014, it remains relevant today. It demonstrates that the Commission must fulfil its responsibilities as guardian of the Treaties – and that there are consequences when it fails to do so,” said Maarten Haijer, Secretary General of EGBA.
Mr Haijer added: “When issuing any type of gambling licence, Member States must always ensure there is a fair, open and competitive process that treats all interested applicants equally, in line with EU law. The Commission is expected to now open a state aid investigation to determine whether the extension of monopoly licences by the Dutch authorities in 2014 involved unlawful state aid.”
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About EGBA
The European Gaming and Betting Association (EGBA) is the Brussels-based trade association representing the leading online gambling operators established, licensed, and regulated within the EU. EGBA collaborates with national and EU authorities and other stakeholders to foster a well-regulated online gambling market that ensures high consumer protection standards while acknowledging the realities of the internet and evolving consumer preferences. As part of its commitment to safer gambling, EGBA organises and coordinates the annual European Safer Gambling Week, bringing together industry stakeholders to promote safe and sustainable play.
EGBA members adhere to the highest regulatory standards, collectively holding 321 online gambling licences – each licence with its own rigorous compliance requirements – and serving over 30 million customers across 21 European countries. Together, they represent approximately 30% of Europe’s 2024 online gambling gross gaming revenue.
