Italian Regulator Ignoring Court Order?
Published: Wednesday, May 03, 2006 Online-Casinos.com
ITALIAN REGULATOR IGNORING COURT ORDER?
Astrabet intends to launch further litigation to ensure compliance on banning order
The Italian regulator Amministrazione Autonoma dei Monopoli de Stato (AAMS) is still in the legal spotlight (see earlier Online-Casomps-cp, & InfoPowa reports) on its decree requiring Italian ISPs to block online gambling sites...and the issue became more intense this week after reports that the regulator has so far ignored an order by the Court of Rome to lift the ban on Astrabet, an online gambling site that sought legal relief.
Astrabet took the AAMS to task in an Italian court on grounds that due process was not properly followed in issuing the decree and on April 10 the court ordered that the ISP block on Astrabet be lifted.
This week Astrabet accused the AAMS of maintaining the blockade in contravention of the Court's order, and a spokesman announced that the company intended to launch further litigation seeking to compel the regulator to abide by the court ruling.
The AAMS decree, which specified hundreds of online gambling sites in its directive to the ISPs that these be blocked, created waves of concern throughout European operator and licensing authority circles alike. The Lotteries and Gaming Authority in Malta condemned the move, which affected large numbers of its licensees and several large and powerful international gambling groups implied they would take action.
Astrabet seemed to beat them all to the punch, and is thought to have set a useful precedent with its successful legal action. A company spokesman, referring to the non-compliance said: "This is a very serious offence. AAMS is disobeying a Court Order issued in the Court of Rome on 10 April and we will be launching further litigation to enforce compliance."
Late last week AAMS presented a 'reclamo' or appeal against the finding against it and has requested the judge to suspend his decision on the blockade. The judge accepted the appeal and set a hearing for the 29th May, but he did not accept the request for the suspension of the ruling. On this basis Astrabet feels that it's site should no longer be blocked from the Italian market.
It is believed that several important points in favour of the Maltese licensee's position in this issue were established by the judge's ruling, and these will be reported once the hearing on 28 March has been finalised.
A request for comment from the direttore generale of AAMS, Giorgio Tino has been requested, and a response is still awaited.
