RGA and EGBA challenge Greek legislation
Operator associations call on commissioner to keep promise to investigate compliance of gambling legislation with EU law.
The Remote Gambling Association (RGA) and the European Gaming and Betting Association (EGBA) have filed a complaint with the European Commission regarding the “protectionist” Greek online gambling legislation, criticising a number of “anti-competitive and unjustified restrictions” being placed on operators looking to enter the market.
In a joint statement, the pressure groups claim the law places unfair economic burdens on operators looking to gain a license by limiting transactions to Greek banks and forcing them to open a permanent office in the country. The higher age limit for online compared to offline gambling was also criticised, with the groups stating there is “no justifiable evidence” for the decision.
The tax regime is also of concern to industry lobbyists, who claim that the obligation to pay back-tax on revenues earned from January 2010 amounts to a “market entry fee” for operators looking to obtain a licence.
EGBA secretary general Sigrid Ligne called for EU Internal Markets and Services commissioner Michel Barnier to fulfil his pledge to seriously assess whether all EU member states’ gambling legislation is compliant with EU law.
“Allowing Greece to proceed with this legislation unchallenged would represent an abject failure of those responsibilities,” she said. “We trust the commissioner will urgently investigate our compliant against Greece and take action accordingly as well as on several other pending complaints.”
This latest complaint follows the RGA’s challenge over preferential terms being afforded to Greek monopoly OPAP in October, claiming it is in breach of the EU’s State Aid rules.
While private egaming operators will be charged tax on 30% of gross gaming revenue from offline activities, OPAP is currently not taxed on these operations. The monopoly, 34% owned by the Greek government, was recently granted an extension of its existing license from 2020 to 2030, in a manner seen as “wholly uncompetitive and non-transparent” by EGBA and the RGA.
RGA chief executive Clive Hawkswood explained that today’s complaint is to ensure fair, EU-compliant legislation: “Where a regime is contrary to the provision of the Treaties, challenges are unfortunately necessary and unavoidable. We therefore look to the Commission, as guardian of the Treaties, to enforce those provisions in relation to gambling, as the European Parliament has recently requested.”