EUROPEAN REGULATION
be merged into one state entity.
Status: An ECJ ruling confirmed that Finland’s
three monopoly providers are legally permitted,
which has subsequently been written into
law. In November 2013, the EC also withdrew
infringement proceedings.
Active enforcement measures are in place
(restrictive marketing for offshore operators and
ISP blocking).
FRANCE
Regulated Gambling Products: Sports betting,
horse race betting, poker and lottery.
Operator Type: Private operators can obtain online
licences for sports betting, horse race betting and
poker. The monopoly has exclusive rights to lottery.
Status: France is a regulated market that has been
sanctioned by the EC.
Parliament announced that it would conduct a full
review of French gambling legislation in 2016.
In addition, the French Parliament are currently
considering a bill concerning the legal framework
for skill games and e-sports, which could be
liberalised, and an amendment authorising online
poker liquidity sharing with other EU jurisdictions.
GERMANY
Regulated Gambling Products: SchleswigHolstein, a small Northern German state, regulates
sports betting, horse race betting, poker, casino and
bingo. The other 15 states of Germany currently
only permit sports betting and horse race betting.
Operator Type: Private operators can no longer
obtain licences in Schleswig-Holstein, and those in
existence will expire on 30 June 2019. In the other
15 states, horse race betting licences are available at
a regional level but the position surrounding the 20
available sports betting licences is still uncertain.
Status: The licensing regime in Germany is
in a state of flux. The tender for 20 Federal
sports betting licences was abortive, following
a number of appeals by operators who were
not granted a licence. The CJEU ruled, on 4
February 2016, that Germany’s sports betting
regulation is incompatible with EU law and that
enforcement actions will be unlawful where a de
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facto monopoly exists and none of the 20 licences
could, in practice, be acquired. The decision has
led to calls for comprehensive legal reform of
Germany’s gambling legislation.
GREAT BRITAIN
Regulated Gambling Products: Sports betting,
horse race betting, poker, casino, bingo and lottery.
Operator Type: All licences are available to
private operators save for lottery, which is reserved
exclusively for the monopoly provider, Camelot.
Status: Any operator that transacts with, or
advertises to, British residents requires a licence
from the Gambling Commission. From 31 March
2015, licensed operators are required to source
gambling software from Commission licensed
businesses.
A corresponding tax rate of 15% of gross profits
was introduced on 1 December 2014. This is
subject to an ongoing judicial review by a Gibraltar
trade association and its questions regarding its
compatibility with European law have been referred
to the EJC. The Treasury is confident that it can
defend its position.
GREECE
Regulated Gambling Products: Sports betting,
horse race betting and lottery.
Operator Type: All products are exclusively
reserved for the monopoly providers although 24
transitional licences for private operators remain
active, with all products permitted.
Status: The licensing regime in Greece (like
Germany) is also in a state of flux. The Greek
government granted 24 transitional licences to
operators in December 2012 enabling them to
keep transacting with Greek residents. However,
in March 2013, the government notified draft
legislation to the EC which effectively rescinds the
licences; a position criticised by the EC. Greece’s
new government is currently considering plans
to more tightly regulate online gambling, to end
the ongoing transition position. The fate of the 24
licences is still unclear.
In April 2016, the EC wrote a letter to Greek
officials urging them to explain how they will