GAMBLING - this contribution refers to the European Ombudsman decision on a complaint lodged by the European Gaming and Betting Association (EGBA).
Doctrine • Decision • European Ombudsman, Gambling, Games of chance, Online Gambling • 25 April 2018 • Alessandra Fratini
Doctrine • EU law • Horseracing, State aid, Taxation • 15 January 2018 • Alessandra Fratini
HORSERACING - On 21 April 2017, the European Commission cleared under EU State aid law the proposed reform of the UK Horserace Betting Levy (the “Levy”) scheme. The new scheme will extend the Levy to all gambling operators who offer bets on horseracing in Great Britain, including off-shore bookmakers, and will be determined by reference to a fixed rate, with a number of systems of discounts that will reduce the risks of disproportionate costs on smaller operators.
Doctrine • Decision • Horseracing • 27 April 2017 • Alessandra Fratini
Doctrine • Match-fixing • 03 November 2016 • Marcelo Moriconi
Doctrine • CJEU Case Law • Taxation • 14 June 2016 • Alessandra Fratini
Doctrine • Sport integrity • Lotteries, Match-fixing • 03 June 2016 • Vagelis Alexandrakis
ONLINE GAMBLING - A comment to the cooperation arrangement among EEA Member States on online gambling services.
Doctrine • EEA cooperation • Online Gambling • 29 April 2016 • Valérie Peano
SPORTS BETTING - Notes to the Opinion of Advocate General Wahl in case C-375/14, Laezza. In this matter, the Court is called to assess a specific provision of the Italian system, which was not touched upon in previous Stanley International Betting Ltd e Stanleybet Malta, namely the obligation to transfer, free of charge, the right to use the tangible and intangible assets constituting the network for managing bets upon cessation of that activity, following the expiry or withdrawal of the licence or disqualification of the licence-holder.
Doctrine • CJEU Case Law Italy • Betting, Licensing • 25 January 2016 • Alessandra Fratini
GAMES OF CHANCE - On 22 October 2015, Advocate General Maciej Szpunar delivered his opinion in Case C-336/14 - Sebat Ince, the last of a series of preliminary rulings regarding the controversial German gambling legislation. The case touches upon important matters of EU law related to the gaming sector: the effects of primacy of EU law in the fields of administrative and criminal law and the interpretation of the rules on notification of draft technical regulations to the European Commission.
Doctrine • CJEU Case Law • Games of chance • 27 November 2015 • Alessandra Fratini
SLOT MACHINES IN HUNGARY - The European Court of Human Rights rejected the appeal of 26 Hungarian companies of limited liability, which were managing the business of slot machines in Hungary before the Government took the decision to nationalise the entire sector and revoke all public licenses. These companies appealed to the Court claiming the injustice of this treatment from many pointing of view, due to the fact that they didn’t have any concrete internal legal tool against the Government’s decision. Furthermore the companies reported that they were forced by the Government to set up and implement an expensive IT system not long before the sector was nationalize. The Court declared their claims unfounded. Specifically, these companies had complained that the revocation of the licences produced an unjustified interference with their rights and that the lack of any internal legal remedy caused a further violation of the European Convention of Human Rights (property protection), according to article 1 of Protocol 1. The Court observed that the applicants hadn’t exhausted all domestic legal remedies. Specifically, some of these companies had taken legal action against the State with the aim of obtaining a compensation for damages caused by the losses suffered when the new law came into force, presumably, in violation of the European law. The Hungarian judges suspended legal proceedings seeking an opinion case from the European Court of Justice. The European Court of Human Rights considered that in the case under the jurisdiction of the Hungarian judges there were chances of success for the applicants, not only in content but also in view of a possible compensation for damages.
Doctrine • European Convention of Human Rights • Freedom to provide services, Gambling Machines, Human Rights • 09 November 2015 • Alessio Scarcella , Judge of the Italian Supreme Court
M. Temmink (deputy Head of Unit, European Commission, Directorate-General Internal Market, Industry, Entrepreneurship and SMEs, Brussels; chairman of the EU Expert Group on Gambling Services) comments the European Commission commitments under the Online Gambling Action Plan.
Doctrine • EU regulation • Administrative cooperation, Online Gambling, Players protection, Standards • 20 August 2015 • Harrie Temmink
ONLINE GAMBLING - The authors describe how Big Data has the potential to be helpful in online gambling regulation because online gambling operators track each and every players’ deposit amount, bet made, type of game played, and many other crucial aspects of behaviour and why behavioural tracking can be important.
Doctrine • Responsible Gambling • Online Gambling • 10 June 2015 • Mark D. Griffiths , Michael Auer
ONLINE GAMBLING - The author analyses the European Commission guidance on the application of the VAT Directive to online gambling services issued in the context of the VAT Committee Working Paper no. 844 REV .
Doctrine • EU regulation Praxis • Online Gambling, VAT • 14 May 2015 • Alessandra Fratini
ONLINE GAMBLING - Marco Planzi and Samuele Fraternali of the Digital Innovation Department within Politecnico di Milano School of Management comments the annual research results of gambling industry in Italy as released by the permanent Observatory on Online Gambling.
Doctrine • Italy • Online Gambling • 05 May 2015 • Marco Planzi , Samuele Fraternali
Over the years, the judgements given by the Court of Justice on the subject of chance have triggered a fragmentary catalogue, especially for the gambling service sector. In order to make a complete study of the case law development, the judgements below are grouped into four stages, at which the Court alternates protectionist closure and liberal opening up.
Doctrine • Case-Law CJEU Case Law • Betting, Gambling • 16 March 2015 • Eloisa Giorgi
VLT AND GAMES OF CHANCE - Notes to the Club Hotel Loutraki AE and Others v Commission European General Court Judgment.
Doctrine • Case-Law • Games of chance, Video lotteries • 21 January 2015 • Alessandra Fratini
ONLINE GAMBLING- Written contribution from Mr Charles Coppolani, Chairman of ARJEL (French Online Gaming Regulatory Authority) on online gambling and European standardisation at Lexandgaming seminar in Rome, November 25th 2014.
Doctrine • EU Standards • Online Gambling • 16 December 2014 • Charles Coppolani
CASINOS WINNINGS TAXATION - In the joined Blanco- Fabretti cases, the Court of Justice of the EU was asked to give a preliminary ruling regarding the Italian differentiated tax regime of winnings obtained from casinos abroad compared to the ones from national casinos. Notably, the question regarded the income tax regime that subjects winnings from games of chance obtained in casinos in other Member States to income tax, while exempting similar income from that tax if it is obtained from casinos in Italy.
Doctrine • CJEU Case Law • Casinos, Freedom to provide services, Taxation • 05 November 2014 • Alessandra Fratini
ONLINE GAMBLING TAXATION - On 26 September 2014, the General Court handed down its judgments on appeals by Dansk Automat Brancheforening and Royal Scandinavian Casino Århus against a European Commission decision approving under EU state aid rules the proposed Danish law on gaming duties, which provided for a differentiated tax regime of online gaming compared to slots machines and amusement arcades (Cases T-601/11 and T-615/11). The General Court dismissed both appeals, as the applicants had no legal interest in bringing proceedings. This note reviews the judgment in Case T-601/11 (Dansk Automat Brancheforening v Commission).
Doctrine • CJEU Case Law • Admissibility requirements, competition, Online Gambling, State aid, Taxation • 28 October 2014 • Alessandra Fratini
The article analyses aspects related to gambling on one side, affective and relational dimension on the other side.
Doctrine • Gambling addiction • Gambling • 11 July 2014 • Emanuela Laquidara