"The Italian criminal penalties for the collecting of bets by intermediaries acting on behalf of foreign companies are contrary to [European] community law."
This sentence comes from a judgement made on the 6th of March by the European Court of Justice in the case opposing British firm Stanley Leisure Plc and Italy. The casino had opened a bookmaking shop there and was criminally charged with not having an Italian gaming license. They argued that their valid UK gaming licence was giving them the right to operate in Italy based on the freedom of services clause that prevails within the European Union. The Court of Justice favoured their stance.
The Court's decision is a milestone and will set a precedent for European countries running state-controlled gaming monopolies: Even if French authorities keep pursuing foreign gambling operators, it may now have little effect except for accentuating the gap between national and European rules. Sooner or later, harmonization will be needed, and it's Europe who will set the tone.
Nicolas Sarkozy, right-wing candidate running for the upcoming French presidential race is already acknowledging the fact that France's stance won't stand for long: "If the European laws prevail, we will have to tax the foreign betting companies."
In the meantime, French authorities are willing to fire every bullet in the chamber to make sure that their monopoly is protected, and their anti-gaming law is respected. After meetings with the police, all the big French poker portals (news websites and communities such as
ClubPoker.net) are currently in the process of removing their advertising banners and affiliate links. Even broadcasting of poker shows on TV is now scrutinized, because of the heavy advertising material featured in it.
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