Bwin
Interactive, the firm behind BetandWin, filed a formal complaint in
March to the European Commission, company spokeswoman Karin Klein
told OUT-LAW. The complaint claims that France's gambling monopoly
breaches Article 49 of the EC Treaty which enshrines the freedom to
provide cross border services.
"It asks the Commission to force France to comply with EC law on
the freedom to provide services," said Klein.
The company's joint chief executives Manfred Bodner and Norbert
Teufelberger were arrested last week in France in connection with
the company's gambling business. Sports gambling in France is a
monopoly for La Francaise de Jeux, which is 72% owned by the French
state.
The joint-chief executives were released on Monday on €300,000
bail each after a hearing at a Nanterre court. "They are out and I
think the entire case will take 12 months before we have a
decision," said Klein.
The executives were visiting France to launch a sponsorship deal
with AS Monaco when they were held for questioning.
Bwin hopes that the French court's eventual verdict will be
influenced by a ruling from Europe on cases already being
processed, including that of Massimiliano Placanica. Placanica was
an agent for Stanley International in Italy, where betting is
tightly controlled by the state.
The court of Larino has referred the case to the European Court
of Justice to judge whether or not the Italian legislation in his
case is consistent with Article 49. The case was lodged in August
2004, and Bwin expects a decision before the French court gives its
ruling.
"The ECJ will decide the Placanica before the Nanterre gives its
judgment and we think the Nanterre judges will take the ECJ into
account in making their decision," said Klein.
Bwin is the third company in recent weeks to have officials
arrested. Two British had individuals involved in US arrests.
Ex-BetonSport chief executive David Carruthers remains in the US
awaiting trial in a Department of Justice case while Peter Dicks,
of Sportingbet, has been allowed to return to the UK before
returning to New York on 28th September to face charges being
pressed by the state of Louisiana.
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