Transcript Slide 1

France:
Contemplating a controlled liberalisation
Thibault Verbiest,
Partner, Ulys
www.ulys.net
www.gaminglaw.eu
France: before
• 2 State controlled monopolies (FDJ and PMU)
• Blanket prohibition of online gaming and betting with
an exception for the two monopolies.
• The monopolies operate an aggressive strategy with
marketing which even targets children.
• Recent law (March 2007) reinforcing criminal
sanctions against private gaming operators.
• Arrest of Peter Nylander ( October 2007)
France:after
• July 2007: PMU vs. Zeturf: Groundbreaking decision
from the French supreme court.
 Is the barrier to free provision of services justified and
necessary?
 Questions proportionality of the blanket prohibition. Courts
must check if the MS of origin protects consumers.
• October 2007: France starts to negotiate with the
European Commission after 2nd stage of infringement
procedure is launched.
• March 2008: Durieux report published.
• Soon: the French government is going to announce
the opening of online gaming market.
France: now
Durieux report: towards a “controlled opening”
• Mission: reflect on how to reorganise the
gambling sector and its regulatory framework.
• Recommendations:
 No mutual recognition of other EU operators.
 Opening of the market for all games except
slot machines. (too addictive)
 Setting up a licensing system.
 Maintaining the current taxation system
France: what to expect?
• Prosecutions: in principle no more
prosecutions of EU gambling operators.
• Lobbying from operators to obtain a transitory
regime before the new legislation is passed in
the second half of 2009.
• Payment Ban Decree (delinquency Act):
 EU Commission said no since it is contrary to EC
Treaty…to be continued.
• July 2008: Presidency of the EU
• Soon: Official announcement+calendar
Thank you for your attention!
Thibault Verbiest, partner, ULYS
[email protected]
www.gaminglaw.eu