EUROPEAN COMMISSION CITES FRANCE, ITALY AND AUSTRIA

(693) (12-October-2006)

EU law infringement procedure started

The European Commission announced today that it has sent official requests for information on national legislation restricting the supply of gambling services to Austria, France and Italy.
 
In its statement, the Commission said it wished "....to verify whether the measures in question are compatible with Article 49 of the EC Treaty, which guarantees the free movement of services".

The member states contacted have two months in which to answer. The Commission hopes that the answers it receives will lead to an early and satisfactory resolution of the matter.

The Commission's statement added that its request did not imply any liberalisation of the market for gambling services generally, but rather that the Commission wanted to ensure that any national measures against private operators within the EU were "necessary, proportionate and non-discriminatory. The letters of formal notice are the first step in an infringement procedure under Article 226 of the EC Treaty".

Charlie McCreevy , internal market and services commissioner, said that the Commission has an obligation under the Treaty to ensure that Member States' legislation is fully compatible with EU law. This is an important responsibility which it takes seriously: "The Commission has received a large number of complaints from operators and I have made no secret of the fact that I intend to pursue these inquiries." (see previous InfoPowa reports)

McCreevy added that the Commission had "concerns about the legal uncertainty suffered by EU sport betting operators and related stakeholders. We are seeking reassurance that whatever measures Member States have in place are fully compatible with existing EU law, or have been brought fully into line".

The aim of the request is to ensure that any restrictions which seek to protect general interest objectives must be "consistent and systematic" in how they seek to limit activities.

The Commission also intends publishing the results of a large-scale study carried out on its behalf by the Swiss Institute of Comparative Law. This study for the first time provides an overview of the legal regime covering gambling and games of chance in the EU Member States. The study also attempts to give indications on the economic development of the sector.

"A Member State can not invoke the need to restrict its citizens' access to these services if at the same time it incites and encourages them to participate in state games of chance or betting offered by national operators or a monopoly," it said.

 In April 2006 the Commission sent similar requests for information to Denmark, Finland, Germany, Hungary, Italy, the Netherlands and Sweden.
 
The Swiss Institute of Comparative Law study is available at:

http://ec.europa.eu/internal_market/services/gambling_en.htm

The latest information on infringement proceedings concerning all Member States can be found at:

http://ec.europa.eu/community_law/eulaw/index_en.htm