E.B.A. Supports Latest E.C. Moves

Published: Thursday, March 22, 2007 Online-Casinos.com

EUROPEAN BETTING ASSOCIATION SUPPORTS LATEST E.C. MOVES

We should be allowed to offer our services in a fair, regulated, and competitive market, says official.

The actions of the European Commission in pursuing EU states which deny access to private or foreign online gambling companies were applauded by the European Betting Association this week.

In a statement the Association commented on the European Commission's issue of Reasoned Opinions against three Member States (Denmark, Finland, and Hungary) and its decision to extend its investigation to the legislation of Germany and of The Netherlands.

These cases are the next step to the Letters of Formal Notice issued on 4th April 2006 against seven Member States (Denmark, Finland, Germany, Italy, The Netherlands, and Sweden) for restrictions in their legislation in the provision of sports betting services in contradiction to Article 49 of the EU Treaty (freedom to provide services) and European Court of Justice (ECJ) case law that fundamentally establishes sports betting as a cross-border service.

The Association says it is no surprise that the replies which these Member States have given were deemed inadequate by the European Commission.

"None of them have shown any indication or willingness to reconsider their monopolistic restrictions or to engage in a process of constructive dialogue with other stakeholders. On the contrary, some of these Member States have introduced even more restrictive legislation against private European-licensed operators while at the same time allowing for their state-owned or state controlled operators to expand and advertise their products and services," the EBA statement claims.

ECJ case law, and most recently the Placanica ruling of 6th March 2007, imposes strict limitations for the existence of monopolies and restrictions in national gambling legislation, the EBA statement continues. "Such restrictions are only acceptable for reasons of general public interest, however most national legislations allow state-run companies to raise revenue by product expansion and massive advertising campaigns, but forbid competition. These laws and practices cannot be reconciled with the strict EU legal requirements."

The statement ends with a call for recognition of the legitimate rights of EBA members to offer their services in a fair, regulated, and competitive market.

Sigrid Ligne, the Secretary General of EBA, comments: "We hope that the countries addressed by today's decision will now engage quickly in the necessary reforms. There are several other Member States that are under similar investigation and we invite them to move towards recognition and licensing schemes for the European private online operators to compete cross border in the internal market."

The EBA is an association of European gambling operators, and a Brussels-based nonprofit trade association. It promotes the right under EU law for members based and licensed in one Member State to promote their services in, and accept business from, all other EU Member States.