Gaming Restrictions in Austria and Sweden Questioned

Austria and Sweden have been critisised by European Court of Justice Advocate Generals for their gaming restrictions, including those on poker, this week.

Advocate General Jan Mazák said the current monopoly situation in Austria was, “direct discrimination against companies who are seated in another member state” and pointed out the need for gaming sector licenses to be awarded in a public and transparent manner.

Sigrid Ligné, Secretary General of the European Betting and Gaming Association supported the comments saying, “There is no acceptable justification to prevent reputable European competitors from offering online poker and casino games to Austrian players.”

If the ECJ confirms Mázak’s opinion then gaming in Austria will be totally reformed and Casinos Austria will lose its monopoly on poker and casino games.

The Swedish government has been criticised in the past in regards to online gaming for its heavy use of censorship.

Advocate General Bot told the ECJ that,

“While a member state is entitled to restrict activities associated with gambling within its territory, the measures which it adopts for that purpose must not be discriminatory, even if they are based on the defense of public order.”

Sigrid Ligné said, “It is remarkable that leading national newspapers, which are financed through and very much dependent on the sale of advertising, are unfairly deprived of substantial sources of revenue."

The struggle between national internal regulation of online gambling and EU harmonised legislation was evident last March and the battle between monopolies and free competition continues.

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