Harris Hagan January Newsletter
Inside this issue
- European developments
- New company form
- Product placement
- Consumer protection
- Prize competitions
- Rank VAT claim
- Jersey Gambling Commission
DOWNLOAD NEWSLETTER
Inside this issue
DOWNLOAD NEWSLETTER
In April 2009, the UK Minister for Sport announced that in response to the “rapid technological advances in online gambling”, the UK Government was going to explore a range of measures to ensure that British licensees were competing on a level-playing field with their overseas competitors. The DCMS said at the time that the Government would be looking to make the regulatory system fairer for UK licensed operators, but would also be working with the Gambling Commission on a number of issues such as recouping regulatory costs, obtaining funding for research into problem gambling in the UK and contributions to the Horserace Betting Levy (the annual fee which is collected from bookmakers and used to support the horseracing industry).
Whitelist operators who were advertising their services in the UK were singled out in the announcement as under the current system they benefit from a regime which allows them to advertise in the UK if they are based within the European Economic Area, Gibraltar or in one of the jurisdictions included on the Whitelist. Inclusion on the Whitelist also means that operators do not pay any levy on horseracing bets or wagers.
In the absence of harmonisation of the gaming legislations, the European Court of Justice has not yet finished to deliver rulings upon the compatibility with European Union law of domestic laws. The opinion of advocate general Bot delivered on 26 January 2010 completes an abundant and consistent case-law on this aspect. The refusal to derogate from the principle of primacy of EU law over national laws has been upheld.
Winner Wetten GmbH is a company established in Germany which provides sports bets services on behalf of another company established and registered in Malta. Pursuant to the legislation of the Land Nordrhein Whestphalen, pursuant to which theses activities are limited, Winner Wetten has been prohibited from continuing to carrying out unauthorized sports betting. Relying upon the freedom to provide services, Winner Wetten has instituted court proceedings against this decision. The Judge has considered it was necessary to make a reference for a preliminary ruling to the Court and wanted to ascertain whether a national law instituting a State monopoly on sports betting which contains restrictions on the freedom of establishment and the freedom to provide services, inasmuch as it do not serve to limit betting activities in a consistent and systematic manner, may still continue to apply exceptionally for a transitional period. … Continue Reading
Will Advertising for Sport betting be as difficult in S.A. as it was in Germany in 2006?
A Report by South African and International Gaming Law Specialist Garron Whitesman from Cape Town and German Gaming Lawyer Wulf Hambach
When the FIFA World Cup kicked off in Germany on 9th June 2006 TV viewers saw not only a German team being in great shape against Costa Rica but they also watched on German TV betting advertising clips e. g. for the Austrian licensed and RTL owed sports betting company Starbet. Only one week after the kick off, the Starbet advertising was banned from TV due to a court order arguing with the German state monopoly on soccer betting. … Continue Reading
Dr. Wulf Hambach, Santiago Asensi Quirino Mancini and Thibault Verbiest (all founders of Gaminglaw.eu) at the 4th annual LEGAL GAMING IN EUROPE SUMMIT in Gloucester (25. – 26. January 2010).
… Continue Reading
