Published: Tuesday, September 08, 2009 Online-Casinos.com
The Remote Gambling Association, said in a press release, they were disappointed at the European Court of Justice's refusal to see that Portugal had broken the rules of the internal E.U. market by creating an exclusive web based gambling monopoly.
The Luxembourg headquartered European Court of Justice said in a statement, "The prohibition imposed on operators ... of offering games of chance via the Internet may be regarded as justified by the objective of combating fraud and crime,"
The lawyers are busy now looking at possible implications for other international online gambling companies based in the Maltese jurisdiction. Online gambling firm Bwin and the Portuguese football federation were in breach of national laws after a sponsorship deal between them was put to the courts and they were fined a relatively small sum.
Portuguese laws are running counter to the European principle of freedom of services in the single EU market, judges said, that, "may be justified by over-riding reasons relating to the public interest." In a statement from the CO-CEO of Bwin, Norbert Teuflberger,'The rapid pace of technological development has created a "legal vacuum" for Internet gaming,' Analysts are pointing out that after this ruling offshore internet business will look to put their business interests towards more relaxed areas of the world and will seek more low tax advantages. Ladbrokes for example is fighting the concept of this ruling being universally acceptable. The CEO Christopher Bell stated, Ladbrokes will "challenge disproportionate, discriminatory and unjustified laws"
The court ruled that the lack of harmonized European Union rules on games of chance means that the member countries "are free to set the objectives of their policy in that area" as long as they meet certain conditions. What all those conditions are has led to dispute and confusion.
Bwin lawyer Thomas Talos said judgement is a "clear message to politicians to finally provide a regulatory framework for online gaming" adding, "Market reality shows that an Internet monopoly in the 21st century does not work."