RGA backs OPAP monopoly challenge
Lobby group comes out in support of CJEU Advocate General's questioning of "manifestly inconsistent" Greek gambling legislation.
Egaming lobby group the Remote Gambling Association (RGA), has come out in support of yesterday’s comments from Jan Mazak, advocate general of the Court of Justice of the European Union (CJEU) accusing OPAP of using monopoly status to pursue an “expansionist commercial policy”.
Recalling Mazak’s references to Greek gambling legislation being “manifestly inconsistent,” RGA chief executive Clive Hawkswood (pictured) explained “Although it is referring to the old legislation, we welcome the opinion of the Advocate General as it demonstrates once again that this regime was blatantly in breach of EU law.”
The RGA has opposed more recent egaming regulatory proposals in the EU member state, accusing the proposals in October 2011 of being in breach of EU State Aid rules, however these claims were knocked back by OPAP with the operator describing such comments as being “Misleading and exclusively aimed at creating impressions”.
Hawkswood said that if the CJEU takes on board Mazak’s comments and provides definitive answers to the Greek Council of State then “The Greek Council of State would seem to have little option other than to follow the lead set by Advocate General Mazak.”
“In any event this opinion sends a clear signal not just to Greece, but to other Member States, that they have an obligation to ensure that their gambling laws are compliant,” Hawkswood added.
This week’s comments from Mazak, in which he also alleged that “The activities of OPAP are neither subject to strict control by the public authorities nor effectively limited by the legislative framework applicable to it,” came just as OPAP had seen its share price fall by close to 20% in the light of a new planned tax rise on its activities.
Another lobby group, the European Gaming and Betting Association, also welcomed Mazak’s comments and noted the “irony” of the CJEU ruling on the matter “Over four years after the Commission had expressed the same concerns in a Reasoned Opinion
We are encouraged by Commissioner Barnier´s statement to reactivate all gambling infringements against countries continuing to flout EU law but we need to see urgent action; we can´t wait any longer whilst operators’ legal rights continue to be compromised.” said director for regulatory affairs Maarten Haijer, drawing reference to June’s pledge from EC commissioner Michel Barnier to “Adopt a plan of action to effectively regulate and supervise online betting and gambling.”
Barnier said at the time: “If blatant infringements persist, I will not hesitate to propose to my colleagues that the appropriate proceedings be taken or relaunched.”