The European Commission has decided to send official
requests for information on national legislation restricting the supply of
certain gambling services to Austria, France and Italy.
In April 2006 the Commission sent similar requests for
information to Denmark, Finland, Germany, Hungary, Italy, the Netherlands and
Sweden (IP/06/436). In these latest cases the Commission again wishes to verify
whether the measures in question are compatible with Article 49 of the EC
Treaty, which guarantees the free movement of services.
The Commission's decision relates only to the compatibility
of the national measures in question with existing EU law. It does not touch
upon the existence of monopolies as such, or on national lotteries. Nor does it
have any implications for the liberalisation of the market for gambling services
generally, or for the entitlement of Member States to seek to protect the
general interest, so long as this is done in a manner consistent with EU law
i.e. that any measures are necessary, proportionate and non-discriminatory.
The letters of formal notice are the first step in an
infringement procedure under Article 226 of the EC Treaty. The Member States in
question have two months in which to respond. The Commission hopes that the
answers it receives will lead to an early and satisfactory resolution of the
matter. The Commission is also publishing the results of a large-scale study
carried out on its behalf by the Swiss Institute of Comparative Law. This study
for the first time provides an overview of the legal regime covering gambling
and games of chance in the EU Member States. The study also attempts to give
indications on the economic development of the sector.
The European Court of Justice has previously stated that any
restrictions which seek to protect general interest objectives, such as the
protection of consumers, must be “consistent and systematic” in how they seek to
limit activities. A Member State cannot invoke the need to restrict its
citizens’ access to these services if at the same time it incites and encourages
them to participate in state games of chance or betting offered by national
operators or a monopoly.
The Commission decision to inquire into the compatibility of the measures in
question is based on complaints made by a number of service providers and on
information gathered by Commission staff.
Internal Market and Services Commissioner Charlie McCreevy said: “As I said in
April the Commission has an obligation under the Treaty to ensure that Member
States’ legislation is fully compatible with EU law. This is an important
responsibility which it takes seriously. It has received a large number of
complaints from operators and I have made no secret of the fact that I intend to
pursue these inquiries. It has, therefore, decided to seek information on the
matter from the Member States concerned.
I have already said that I don’t underestimate the sensitivities that exist in
many Member States on the question of gambling and I know that my services have
made this clear to the seven Member States with whom they have already had
discussions. But I also have concerns about the legal uncertainty suffered by EU
sport betting operators and related stakeholders. I repeat that in sending these
latest letters, we are not seeking to liberalise the market in any way. Rather,
we are seeking reassurance that whatever measures Member States have in place
are fully compatible with existing EU law, or have been brought fully into
line." Europa Press Release (Reference: IP/06/1362)
See also:
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