ECJ delivers rulings on Dutch cases

The European Court of Justice (ECJ) delivered its rulings on two Dutch cases involving remote betting companies Ladbrokes and Befair today. Upholding the previous opinion delivered by General Advocate Yves Bot, today’s ruling reaffirms the ability of Member States to determine their gambling policy which includes the capability to prohibit the operation of games of chance on the internet. In both cases, the Court acknowledged that the freedom to provide services can be limited by a Member State if the objectives for doing so are to protect consumers, prevent fraud or to ensure the public order. Furthermore, the ECJ also concluded that lawfully having a licence in one Member State is not “sufficient reassurance” that national consumers in another Member State will be protected.

The rulings of the ECJ were in response to the Dutch Council of State request for guidance on a series of questions brought forth after the Dutch sports betting monopoly, De Lotto, sought injunctions against Ladbrokes and Betfair to prevent the companies from providing services in the Netherlands. The ruling will now be taken into consideration by the national government in the Netherlands before providing its own decision on the cases. However, the ruling of the ECJ will likely have a significant impact on the future decision of the Dutch court. Additionally, the ruling will provide a foundation for other Member States to determine whether foreign remote gaming operators can offer services in their territories.

The rulings of the European Court of Justice can be found here.