As well as creating a new temporary exclusive licence for state-owned operator Holland Casino, a proposed Online Gaming Act also suggested that the Ministry of Justice is to target financial institutions dealing with unlicensed remote gambling operators. Justin Franssen and Aernout Kraaijeveld, of Van Mens & Wisselink, explain how although the Ministry's initial proposals have been watered down, the proposed Act still fails to justify its restriction on the freedom to provide services. In the political debate on the proposed Online Gaming Act, which creates a new exclusive temporary licence for remote gaming for Dutch state-owned casino monopolist Holland Casino, the enforcement of the prohibition of remote gaming is brought into focus.

In the wake of an EU Commission lawsuit against Denmark, the government, with the help of the New Alliance party, is investigating the possibility of allowing international competition on the national gambling circuit. According to New Alliance's Anders Samuelsen, who will later this week put forth a proposal suggesting the end to Danske Spil's gaming monopoly, there is no longer any point in protecting something that will be lost anyway, referring to the lawsuit against Denmark by the European Commission.

Bwin Interactive Entertainment AG, Germany's biggest private online sports-gambling company, may win a legal fight that threatens 118 million euros (USD 188 million) in annual revenue, or a third of its take. Johannes Caspar, a law professor at Hamburg University and legal adviser to the Schleswig-Holstein state legislature, says the Vienna-based company may succeed with lawsuits challenging a January 2008 ban in Germany on Internet sports wagering. Bwin argues the prohibition, approved in all 16 German states, violates European Union law.

RAY, Finland’s state-owned Slot Machine Association, is considering proposals to make their games available online, with their Board of Administration expecting to announce during the second quarter of 2008 whether they will be able to do so. RAY’s activities currently meet legal justifications confirmed by the European Court of Justice in 1999, for the organization’s exclusive rights in Finland to operate slot machines and casino table games and a casino.

Munich, 20 Mar. 2008: In a case represented by the law firm Hambach & Hambach, the Higher Administrative Court of Baden-Württemberg (VGH) allowed an appeal against a dismissive judgement by the Administrative Court (VG) of Karlsruhe. Just as in the previous resolution dated 12 Feb. 2008, leave to appeal was also granted in these parallel proceedings in a resolution dated 3 Mar. 2008 (ref: 6 S 1408/07), due to substantial doubts as to whether politics regulating games of chance in Germany are implemented in a consistent way.

By decision of 3 March 2008 (file-no. VII-Kart 19/07 (V)) the First Cartel Division of the Court of Appeal of Düsseldorf (Oberlandesgericht Düsseldorf) dismissed the motions of the State of Rhineland-Palatinate (Land Rheinland-Pfalz) and of Lotto Rheinland-Pfalz GmbH against a decision of the German Federal Cartel Office (Bundeskartellamt) to prohibit their merger. In its ratio decidendi the Court of Appeal of Düsseldorf raises fundamental doubts as to the legality of a state monopoly and, referring to the European Commission's legal opinion on this matter, calls for a tender of the license so far granted to Lotto Rheinland-Pfalz GmbH.

Brussels (Reuters) - The European Commission is expected to step up legal action against the Netherlands and Greece over restrictions to competition in their gaming markets, a source with knowledge of the situation said on Monday. "They are expected to pursue the cases against Greece and the Netherlands for restrictions in sports betting services, barring any last-minute change of mind," the source said.

As already mentioned in our press release of 31 January 2008, the Administrative Court of Schleswig-Holstein (VG Schleswig-Holstein) decided to stay the main proceedings brought by Hambach & Hambach Law Firm, its subject matter being the validity of a European license for a sports betting offer in Schleswig-Holstein and to refer the relevant Community Law questions for a preliminary ruling by the ECJ. In the course of the oral hearing the Administrative Court of Schleswig Holstein already voiced its legal opinion that a sports betting monopoly can only be justified by the goal of fighting compulsive gaming...

The Gambling Commission is set to step up legal action against Germany next week for thwarting foreign competition in the country’s gaming markets, the Reuters news agency reports, quoting an unnamed source who said: "The decision is expected to be adopted by the Commission next Thursday." After signing a protectionist accord to ban online gambling in Germany to shield state monopolies from competition from companies in other EU member nations...

Online betting companies including BWIN Interactive Entertainment and Fluxx are gearing up to file a legal complaint against German state monopoly on lotteries and most forms of betting, law firm Hambach & Hambach head Wulf Hambach said. Hambach said that he represents about 20 of the world’s biggest betting companies, according to the local newspaper the Die Welt.

Sweden’s state-owned gambling monopoly, Svenska Spel, has been forbidden from expanding its net-poker services - for the time being at least. The Swedish government rejected its request to expand its existing license to organize and distribute net-poker services. Instead, the government asked Svenska Spel to devote more time to an internal, ongoing investigation into the existing license, which is now due on June 30th 2008.

Shares in Tabcorp rose as much as 2.1 per cent today after it reached a deal with the NSW Government to remain the sole owner and operator of a casino in NSW. The company owns the Star City casino in Darling Harbour, Sydney. “NSW remains a one-casino state,” NSW Premier Morris Iemma told reporters. By mid afternoon, Tabcorp was up 1.3 per cent at USD 15.31 in a broader market down 0.4 per cent.