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