Transcript Gaming Laws and Advertising Laws in Europe

Gaming Laws and
Advertising Laws in Europe
Latest Developments
Thibault VERBIEST
Partner – ULYS
[email protected]
www.ulys.net
Casino Affiliate Convention
Amsterdam, May 3 - 5, 2007
E.U. Legal Framework (I)
Influence of European Law on national gaming
laws.
EC Treaty
article 43: free circulation of services
article 49: freedom of establishment
Decisions of European Court of Justice
Gambelli, Placanica etc.
EFTA court decision
E.U. Legal Framework (II)
 European Commission infringement procedure
(under Art.226 of EC Treaty):
1st stage in 2006: Denmark, Finland, Germany,
Hungary, Italy, the Netherlands and Sweden.
Complementary letters of formal notice to Germany
and Netherlands.
2nd stage in 2007: Reasoned opinions sent to Denmark,
Finland and Hungary.
Gaming Laws in Belgium
 Draft Games of chance Act
 Possibility for EU remote gaming operators to obtain
“certificate” with Gaming Commission if fit and proper.
 All games may be controlled by Gaming Commission.
 Gaming Commission grants a limited number of licenses.
 Act was set to be adopted via 2006 Finance Act but
lobbying by National Lottery + some Belgian casinos.
 Act now undergoing normal legislative procedure.
 Likely to be adopted after the Belgian elections in June.
Gaming Laws in France (I)
 New law (March 2007) measures against private gaming
operators.
 Fines against “illegal” online gaming operators to be
doubled from €30,000 to €60,000 for sports betting and
lotteries operators; from €45,000 and €100,000 to €90,000
and €200,000 for horse betting operators.
 Fines against “advertisers”: €30,000 + possibility for
courts to multiply this fine by four times the amount
invested in the advertising expenses.
Gaming Laws in France (II)
 ISPs to inform clearly subscribers of the gambling sites
which are considered by Home Affairs Ministry as
“inappropriate” (“blacklisted”) under sanction of up to a
year imprisonment + €75,000 fine.
 Banks to stop the flow of funds from individuals or
“blacklisted” companies which organise betting or gaming
activities.
Gaming Laws in Germany
 Decision of the Federal Constitutional Court
of 28 March 2006.
 Current legal situation not compatible with the freedom to
choose one’ s profession (Art. 12 German Constitution).
 Transitional period until the end of 2007: State operators
have to restrict advertising and care for problem gamblers
+ temporary relief against prohibition orders.
 Infringement proceedings Art. 226 EC Treaty.
 Projected new Interstate Treaty on Gambling.
 After Placanica decision, the projected Interstate Treaty on
Gambling will probably be rejected.
Gaming Laws in Italy
 Licences already awarded.
 Decrees implementing 2007 Finance Act.
 Internet Service Providers forced to block access to not
authorized foreign gambling web sites +criminal penalties.
 Blacklist drawn up by the AAMS mentions over 600
websites.
 Infringement procedure.
Gaming Laws in the U.K.
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Gambling Act 2005 enters into force in September 2007.
Remote and non-remote betting operating licences.
License conditions and code of practice.
15% tax on online gaming profits.
What next?
 Infringement procedures may result in new ECJ cases.
 Progressive opening of regulated (licensing process) or
complete closure.
 Result depends on correct appreciation of
effective/proportionate protection of
public interests.
 Best approach to limit and treat problem gambling and best
approach to prevent crime.
 Only consensus of Member States will bring legal certainty
- but the ball is in their court!
Gaming Laws and Advertising Laws in
Europe - Latest Developments
Time for Questions!
Thank you for your attention
[email protected]