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European gambling giant comments on EU sovereignty issues
Positive decisions by the European Court of Justice regarding the free movement of goods and services over EU state borders, together with European Commission threats to nations acting against the EU rules have been highlighted in a statement from the Austrian public company bwin, a major European betting group.
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The statement outlines 2006 developments where the European Commission initiated infringement proceedings under Article 226 of the Treaty on European Union against seven EU member states following the complaints lodged by private gaming providers.
The Commission also sent letters of formal notice to Germany, France and Austria.
During the course of these infringement proceedings, the Commission has to consider whether the national gaming regulations involved are compatible with EU law. After receipt of replies to its written request for information from the member states Denmark, Finland and Hungary, the European Commission resolved to take the next step in these proceedings by sending reasoned opinions.
"Following the ground-breaking judgements by the ECJ in the cases of Gambelli and Placanica, the decision of the European Commission to continue infringement proceedings against three member states provides further confirmation of bwin's own legal opinion," the statement says. "In the absence of secondary legislation - gaming was excluded from the Services Directive - the European Commission will now have to consider whether, and to what extent the ways in which individual member states deal with the subject of gaming are in conformity with EU legislation as construed by Article 49 (freedom to provide services) of the Treaty on European Union.
"If the Commission fails to receive a satisfactory reply within two months, or if the restrictions to which the Commission has objected are not removed, it can refer the proceedings to the European Court of Justice (ECJ)."
The bwin statement goes on to quote its joint-CEO Norbert Teufelberger: "We welcome the judgement by the European Commission, which underpins the ECJ's Placanica verdict of 6 March 2007. The decision to continue infringement proceedings against three members states simultaneously is a clear warning addressed to France, Germany and Austria to remove their current restrictions on cross-border gaming immediately.
"As long as national legislators are unable to agree on uniform pan-European regulations for the gaming market, national regulations will continue to be evaluated in the light of the freedoms of establishment and services anchored in the Treaty on European Union and the prohibition of discrimination. Any restrictions will be seen in the light of the requirements laid out in the Gambelli and Placanica judgements."
"Against this background, countries like France are called upon to draw up gaming legislation in accordance with EU law. bwin would gladly give its constructive support to such a process, as it has in the past," added bwin Co-CEO Manfred Bodner.
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