Lottoland appeal on EuroMillions betting rejected by high court
Judge rules DCMS prohibition on betting does not conflict with EU law
A combined appeal by Lottoland, EU Lotto and Multi lotto against a ban on lottery betting on non-UK EuroMillions lottery draws has been rejected by the High Court of England & Wales.
In their appeal, Lottoland, EU Lotto and Multi Lotto argued that the prohibition contravened article 56 of the treaty of the functioning of the European union (TFEU), which concerns the free movement of goods and services across the EU.
The companies also claimed that a Department for Digital, Culture, Media & Sports (DCMS) consultation on the measures, first launched in March 2017, was “unfair and unlawful” because DCMS failed to state that there was no proven link between lottery betting and problem gambling. The appeal also asked for a full judicial review of the decision.
The appeal follows a joint decision by DCMS and the UK Gambling Commission (UKGC) to prohibit the practice in December 2017, that later came into force in April. It was aimed at closing a pre-existing loophole which circumvents section 95 of the Gambling Act (2005) allowing lottery betting companies to offer lottery betting on non-UK EuroMillions draws.
DCMS also claimed that lottery betting companies undermined the position of Camelot as operator of the National Lottery and EuroMillions distributor, potentially harming returns to good causes.
Reviewing the earlier decision, Lord Justice Gross and Lord Justice Green dismissed the appeal, but granted the request for a full judicial review of the decision to prohibit.
Responding to the ruling, Lottoland CEO Nigel Birrell said the company would respect the decision of the court but was “disappointed” that the court had missed the opportunity to “remove a piece of legislation that, in our view, conflicts with the fundamental rights of EU law which should allow Lottoland the freedom to provide all of its services to the UK”.
Birrell added: “We feel that this new legislation simply protects the outdated monopoly, and that this ruling goes against freedom of choice and value for customers in the UK.”
Lottoland has confirmed that it will not launch an appeal against the court decision.