Schleswig-Holstein notified its proposed legislation to the
Commission on 6 September 2012 (see link).
Today’s detailed opinion (see link),
which has also received the support (see link)
of Malta (detailed opinion) and the U.K (comments), extends the standstill
period until 7 January 2013.
The proposed alignment of Schleswig-Holstein’s gambling legislation
with the GST marks an abrupt policy reversal. If confirmed, Schleswig-Holstein
would move from a sustainable and EU-compliant licensing model introduced in
2011 (see link)
to a prohibitive and restrictive model which bans online poker and casino,
imposes an uncompetitive tax regime, and restricts the online sports betting
offering to 20 licenses.
Sigrid Ligné, Secretary General of the EGBA, commented: “Schleswig-Holstein’s proposed move
from a sustainable and EU compliant licensing system to an inconsistent and
unjustifiably restrictive regime would be a significant step backwards, one
that - as confirmed today - the European Commission cannot approve”.
The European Commission already confirmed its concerns about the
non-compliance of the German gambling legislation with EU law in July 2011 (see
link). Today’s detailed opinion shows the consistent position of the
Commission towards Germany’s gambling reform.
The tendering procedure for the allocation of the 20 online
betting concessions under the GST is currently managed by the state of Hessen
and has already resulted in more than 100 applications but fails to provide the
applicants with clear, transparent and reliable information on the criteria
which will be used for allocating the 20 concessions.
Sigrid Ligné added “The
European Commission’s detailed opinion against Schleswig-Holstein sends a clear
message that Member States are no longer going to be allowed to impose gaming
regulations that fail to meet the tests set by the CJEU. The German states
cannot continue to ignore the warnings coming from Brussels and the growing
criticism evidenced by the multiplication of complaints and litigation even
before the new legislation is introduced. This creates an extreme level of
legal uncertainty which is a damaging for all parties and German consumers in
particular. At this stage, only the EC can restore legal security by acting on
the many complaints it has received, not only against Germany, but also against
Greece, Belgium and several other Member States.”
The European Commission confirmed on 23 October 2012 in its
Communication on online gambling that “ensuring
compliance of national law with the Treaty is […] a prerequisite of a
successful EU policy on online gambling”1 and that it
would take action against all Member States whose legislation does not comply
with EU law.
For
further information or comment please contact:
Sigrid Ligné: +32 2 554 08 90
sigrid.ligne@egba.eu
Sigrid Ligné: +32 2 554 08 90
sigrid.ligne@egba.eu
