European Commission - Press release
Commission closes infringement procedures and complaints in the gambling sector
Brussels, 7 December 2017
In line with its political commitment to be more strategic in enforcing EU law, the European Commission has today decided to close its infringement procedures and the treatment of complaints in the area of gambling.
From the start, the Juncker Commission has been focusing on its political priorities and pursuing them vigorously. This political approach is also reflected in the Commission's handling of infringement cases. The Communication “EU law: Better results through better application” sets out the Commission's approach to prioritising cases in a strategic manner, carefully weighing the various public and private interests involved.
In this vein, the Commission has today decided to close its infringement procedures in the area of online gambling and the treatment of relevant complaints against a number of Member States.
The Court of Justice of the European Union has repeatedly recognised Member States' rights to restrict gambling services where necessary to protect public interest objectives such as the protection of minors, the fight against gambling addiction and the combat of irregularities and fraud. The Commission acknowledges the broader political legitimacy of the public interest objectives that Member States are pursuing when regulating gambling services. The Commission also notes Member States' efforts to modernise their online gambling legal frameworks, channel citizens' demand for gambling from unregulated offer to authorised and supervised websites, and ensure that operators pay taxes. With that in mind, it is not a priority for the Commission to use its infringement powers to promote an EU Single Market in the area of online gambling services.
The Commission will continue to support Member States in their efforts to modernise their national online gambling legal frameworks and to facilitate cooperation between national gambling regulators.
Isn´t it the case the EC has been ineffective at promoting a single market for the EU. Loads of countries have introduced their own regulatory framework (France, Spain, Italy, etc.) and the EC has failed to do anything about it.
Other than a couple of smallball judgments (i.e. Unibet vs Hungary), the EC is wasting its time trying to intervene in EU legislation, so it is better the EC withdraws from the sector and doesn´t give the impression it protects the interests of online poker players.
It's true that the Courts have trod a delicate line. They have supported the concept of national controls for protection but they have also ruled that they need to be proportionate and reasonable.
In general the court rulings have helped keep the market more open than otherwise would have been the case. they have also helped keep much of it (including Germany and Poland) Grey rather than Black.
The Commission dropping their active support of more openness is likely a result of the UK with the proper open regime being sucked in to Brexit, isolating not just the UK firms but also those based in Gibraltar from the Commission. this leaves just the tiny Malta battling for open competition across the EU.
Firms could still go the court but given Brexit the UK and Gib firms are locked out of that process, leaving the smaller and more dubious Malta firms who can't sustain the costs.
