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
•
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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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