The Commission was founded on the principle that EU member
states should be able to trade on equal footing with one another.
Some countries in the EU, though, increasingly restrict online
gambling in order to protect state-run lottery and gambling
monopolies.
Germany introduced a new treaty banning online gaming and
betting except horse racing related wagers in January of this year.
That law replaced one that was already the subject of Commission
enquiries.
The Commission said that it was querying whether the law was
consistent with its laws on internal markets. The restrictions it
wants to investigate are: "the total prohibition of games of chance
on the internet; notably sports betting … advertising restrictions
on TV, on the internet or on jerseys or billboards; and the
prohibition on financial institutions to process and execute
payments relating to unauthorised games of chance".
The Commission said that the German stance was not an overall
anti-betting one. "It should be noted that in Germany horse race
betting on the internet is not prohibited and slot machines have
been widely expanded. Moreover, advertising of games of chance by
mail, in the press and on radio is still permitted," it said.
"By commencing these broad proceedings only thirty days after
the Treaty entered into force, the Commission shows its
determination to fight restrictions and in particular prohibitions,
which are not backed by genuine consumer protection or public order
interests," said Sigrid Ligne, general secretary of the European
Gaming and Betting Association. "
The Commission has said that in Sweden's case it cannot allow
betting in physical casinos or online in a state monopoly and at
the same time bar foreign operators from offering online
gambling.
"A Member State cannot invoke the need to restrict its citizens’
access to betting services if at the same time it incites and
encourages them to participate in state lotteries, games of chance
or betting which benefits the state’s finances," said a Commission
statement.
The Commission is conducting an enquiry into whether Sweden's
rules on poker games and tournaments are consistent with EU laws on
free trade. The country has two months in which to respond to the
request for information.
"[The request does not] 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," said the Commission. "The Commission hopes
that the answer it receives will lead to an early and satisfactory
resolution of the matter."
