The French position
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Transcript The French position
European legal update
Excellence in Gaming Law
29th November 2006
Evelyn Heffermehl
ULYS law firm
www/ulys.net
European legal update
• Content
European Commission’s infringement
proceedings
France’s draft bill on delinquency
European legal update
•
European Commission
April 2006: opening of infringement
proceedings against seven member states
October 12th: new proceedings aginst three
additional MS (France, Italy and Austria)
Follow numerous complaints
Based on article 49 EC Treaty and ECJ
“Gambelli” case-law (consistent gaming
policy)
European legal update
• France’s draft bill on delinquency
Fines against operators of “illegal” online gaming sites to be doubled
(from 30 000 euros fine to 60 000 euros for sports betting and
lotteries operators; from 45 000 and 100 000 euros fine to 90 000
and 200 000 for horse betting operators );
Fines against “intermediaries” to become much higher (30 000 euros
fines + the possibility for courts to multiply this fine by four times
the amount invested in the advertising expenses);
ISPs to inform clearly subscribers of the gambling sites which are
considered by Home affairs as “inappropriate” : the sanction being up
to a year in prison and a €75,000 fine
Banks to stop the flow of funds from individuals or companies
which organise betting or gaming activities which are illegal under
French law.
European legal update
• Gaming battle between France and Europe has
started
High administrative court seized of the
consistency of national monopoly with EU law
DG competition seized of complaint
Climate unsettled at the moment: government is
toughening its stance but difficult to know whether
it will “walk the talk”
European legal update
• Where from here?
De facto de regulation process taking place
at national level : Germany, Italy, Belgium
Real push comes from market
Commission: “defensive” stance, follows
evolution at national level before acting
• De regulation: two to five years
Community act not on the agenda
No European unlawful internet gambling
act !
Thank you for your attention
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