EU BYTES
EU Bytes
Former Executive Director of the European Casino Association and current Managing Director of Time & Place Consulting, Glenn Cezanne provides the latest info on what’s trending and what’s coming down the pipeline in Brussels and around the EU.
S Glenn Cezanne
pring has arrived and there is hope that it is here to stay. Many of us here in Brussels are even taking the daring step of holding meetings on the terraces of cafes and restaurants. Having a canopied
area with outdoor heaters still factors heavily in the choice of place though. This means, in view of the Easter season, at least the search for the hidden Easter eggs is increasingly happening on the outside, both for those made out of chocolate and those containing information bytes. This month’s bytes will include (1) a re-visit of the
closure of the infringement cases against EU Member State gambling regulation, (2) the Recommendations put forward by the Commission on tackling illegal content online, and (3) a recent judgement by the European Court of Justice on the compatibility of Hungarian gambling legislation with EU law, with strong significance for the casino sector.
European Commission Infringement Cases
Yes, the infringement cases against EU Member States are closed since December last year, and it seems confirmed that these will not be re-opened, at least for now. A few of months before the closure, I had reported about a complaint to the European Ombudsman (Emily O’Reilly) by online operators regarding the European Commission not moving forward on the infringement proceedings. The complaint was put forward by the European Gaming and Betting Association and was supported by several others, including the Malta Remote Gaming Council, Gibraltar Betting and Gaming Association and the Remote Gambling Association. The Ombudsman who is responsible for
investigating complaints about poor administration by EU bodies in March decided: “There [was] no maladministration on the part of the European
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Commission arising from the issues raised by the complainant in this case.” Emily O’Reilly’s office had looked at several of the files on Member States to assess the procedural handling to come to this decision. Furthermore, reflecting the closure of the infringement cases, the Ombudsman’s written statement state that the “Commission has wide discretion on whether and how to pursue infringement cases and that the decision taken fell within the boundaries of that discretion”.
Illegal Content Online
Another theme I had discussed with you last year pertained to illegal gambling operations and measures which had been suggested to address these. In March this year, the European Commission published Recommendations on tackling illegal content online, which provides a set of operational measures to be taken by EU Member States and companies. Upon the publication of the Recommendation the Commission Vice-President for the Digital Single Market, Andrus Ansip stated that there is “a need to react faster against…illegal content which is a serious threat to our citizens’ security, safety and fundamental rights.” Indeed, the motivation for this initiative is very broad ranging from the intention to address terrorist content to counterfeit products and copyright infringement. Before looking at the content, I would like to
remind you that a Recommendation is not legally binding. And, that the European Commission will monitor developments including initiatives taken by the relevant stakeholders to see if further action is needed, including legislative options. So, what does it have to do with illegal gambling
services? At the core lies the matter of definition. The Recommendation states that “‘illegal content’ means any information which is not in compliance with Union law or the law of a Member State concerned”. Taking into
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