The European Commission announced today that it has sent official
requests for information on national legislation restricting the supply
of gambling services to Austria, France and Italy.
In its statement, the Commission said it wished “....to
verify whether the measures in question are compatible with Article
49 of the EC Treaty, which guarantees the free movement of services”.
The member states contacted have two months in which to answer. The
Commission hopes that the answers it receives will lead to an early
and satisfactory resolution of the matter.
The Commission's statement added that its request did not imply any
liberalization of the market for gambling services generally, but
rather that the Commission wanted to ensure that any national measures
against private operators within the EU were “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”.
Charlie McCreevy, internal market and services commissioner, said
that 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: “The
Commission 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.”
McCreevy added that the Commission had “concerns about
the legal uncertainty suffered by EU sport betting operators and related
stakeholders. 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".
The aim of the request is to ensure that any restrictions which seek
to protect general interest objectives must be “consistent and
systematic” in how they seek to limit activities.
The Commission also intends 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.
“A Member State can not 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,” it said.
In April 2006 the Commission sent similar requests for information
to Denmark, Finland, Germany, Hungary, Italy, the Netherlands and
Sweden.
The Swiss Institute of Comparative Law study is available at:
http://ec.europa.eu/internal_market/services/gambling_en.htm
The latest information on infringement proceedings concerning all
Member States can be found at:
http://ec.europa.eu/community_law/eulaw/index_en.htm