European Gaming & Betting Association

Would the new infringement proceedings mean the end of the prosecution of private EU licensed operators?

The European Betting Association (EBA) and its members welcome the decision taken by the College of European Commissioners today to open new infringement proceedings against Italy, France and Austria for restricting the provision of sports betting and gambling services in contradiction to the European Union (EU) Treaty and settled case law of the European Court of Justice (ECJ).

With these new proceedings, the number of Member States whose gambling legislation is under investigation by the European Commission is now raised to nine, as the Commission has already launched infringement proceeding on 4th April 2006 against seven Member States (Italy, Germany, Holland, Hungary, Denmark, Sweden, and Finland) for imposing restrictions in their sports betting markets in violation of the EU Treaty and ECJ settled case law.

EBA members have faced significant discrimination and wrongful prosecution in many of the Member States mentioned above.  Most, recently EBA strongly protested against the preposterous arrest of the two co-CEOs of bwin, an Austrian licensed and regulated online operator, on 18th September 2006.  These arrests were made on alleged violations of the French monopoly legislation, a legislation which – only a few weeks after these arrests – comes under investigation by the European Commission.  As a result of this possibly invalid legislation, companies in the EU may incur financial damage.  

“How long must EU licensed and regulated operators endure legislation which causes wrongful financial harm and deprives their executives of even the basic right to travel freely in the EU Member States?”, asks Didier Dewyn, Secretary General of the EBA.  “We hope these new proceedings will put an end to the Witch-hunts against private EU licensed operators”, Didier Dewyn concludes.  

EBA advocates a level playing field in the EU for all gambling operators (private as well as state-owned) with strict regulation that ensures consumer protection and financial transparency in the highest attainable degree, but without discrimination.  

To this end, EBA and its members are always willing to offer their input to any discussion at national and EU level and look forward to such opportunity.  Meanwhile, EBA and its members will continue to defend their interests as legitimate businesses allowed by the provisions of the EU Treaty to offer their services throughout the EU.

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