The Court of Appeal of Versailles today called into question the compatibility of French gaming legislation with EU law: The burden of proof now lies with the French authorities to justify their regulatory framework is consistent, proportionate and justified.
Today’s decision follows the request of Didier Dewyn, ex-CEO of Mr Bookmaker, a gaming company licensed in Malta, to annul criminal proceedings brought against him on 16 April 2007 for allegedly organising “illicit lottery” and “clandestine betting on horse races”.
The Court of Appeal of Versailles requested additional information to allow itself to ascertain whether the criteria used under the ECJ’s case law are respected by the French gaming system. The Court considered that referring a question for a preliminary ruling to the ECJ was also not necessary as EC law was clear enough.
EGBA welcomes the decision of the Court of Appeal of Versailles, which relies on the consistent jurisprudence of the ECJ and in particular the Placanica ruling of 6 March 2007. This decision is in line with the ruling of the Cour de Cassation, France’s Supreme Court, in the Zeturf case of 10 July 2007, with which it is fully in line. The French Supreme Court quashed a decision of the Court of Appeal which condemned private operator Zeturf in proceedings brought by the PMU.
Sigrid Ligné, Secretary General of the EGBA comments: “We are delighted with this decision. It is an important one and comes in the general context of the commitment taken by the French authorities to propose a controlled opening of the French gaming market by March 2008.”
press release of EGBA, 18 January 2008
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