Operators welcome new EU market commissioner's Santa Casa view

THE European Gaming and Betting Association (EGBA) comprised of bet-at-home, Bwin, digibet, Expekt, Interwetten, PartyGaming and Unibet has welcomed comments by the EU’s new Internal Market Commissioner Michel Barnier (pictured) offering hope for operators facing future legal battles with state gaming monopolies within the Union.

Addressing members of the European Parliament earlier this month, Barnier said that the analysis of the Commission Legal Service regarding the European Court of Justice’s Santa Casa ruling of September last year in favour of the Portuguese monopoly does not fundamentally alter the Commission’s approach towards infringement procedures.

The Commissioner said that the ruling was based on considerations specific to Portugal and to its national monopoly operator, and that the Commission will therefore continue to examine the compliance of national legislation with EU law on a case-by-case basis – meaning that the outcome of future legal battles between operators and monopolies over the right to compete for online gambling customers is not pre-determined.

EGBA Secretary General Sigrid Ligné said: “With several Member States currently reforming their gaming and betting legislation, this is an important confirmation that the Commission will not stand by while Member States introduce restrictions that go against the fundamental principles of the EU.

“We believe that the respect of Internal Market rules in our sector will promote high standards and improve the protection of players throughout the EU”.

Barnier’s comments will have come as a blow to protectionists within the EU. Their hope was that the appointment of France’s Barnier, a close ally and political adviser to Nicolas Sarkozy, might have led to less of a free-market approach push than under Barnier’s predecessor, Charlie McCreevy.

These include the rapporteur to the French parliament for the draft legislation on online gaming and betting, Lamour, who said he is “very happy” that McCreevy was leaving his post.

Under McCreevy’s watch, the European Commission has decided against rules protecting state-backed gaming operators from competition in markets including France, Denmark, Hungary and Finland.