Transcript Online Gaming Conference

International Gaming Exhibition
30-31st May 2007
Lake Como
After Placanica: the case of France
Thibault Verbiest
Partner at Ulys Law Firm (Paris - Brussels)
www.ulys.net – www.gaminglaw.eu
[email protected]
Placanica Teachings: principles
•
Regulations restricting free circulation of
services must:
1. Be justified by imperative overriding general
interest (consumer protection, prevention of
fraud…)
2. Be proportionate and necessary
•
Member States must have a systematic and
coherent gaming policy.
Placanica teachings: consequences
THEREFORE:
• Complete exclusion of some firms from the
licensing tender process
• Criminal penalties applied for failure to complete
an administrative formality when it was made
impossible to obtain it by MS…
IS NOT PROPORTIONATE NOR NECESSARY!
Situation in France
•
2 State controlled monopolies (FDJ and PMU)
•
Blanket prohibition of online gaming and betting
with an exception for the two monopolies.
•
Expansive gaming policy of the 2 monopolies
which marketing strategy even targets children.
Situation in France
Recent law (March 2007) reinforcing criminal
sanctions 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.
 ISPs must 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 must stop the flow of funds from individuals or “blacklisted” companies which
organise betting or gaming activities.
Situation in France
Therefore in light of the Placanica judgement:
French gaming policy is
Neither coherent
Nor systematic
Nor proportionate
Some Reactions
Under the pressure from the European Commission:
France adopted a new decree prohibiting from 1st
July 2007 the sale of any lottery or betting tickets
to children under the age of 18.
Will it be enough to save France from receiving a
reasoned opinion?
Next steps
• 27 June 2007: the Commission will decide
whether they will send a reasoned opinion to
France concerning its gaming policy.
• From this decision will depend the issue of several
ongoing trials before French courts.
• Next two years: the ECJ will answer to two
requests of preliminary rulings from the Oporto
Tribunal (Portugal) and from the Administrative
Court of Giessen (Germany)
Thank you for your attention
Time for questions!