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Online Gambling Lawyer

Volume: 7 Issue: 3
( 2008)


A new Dutch Gaming Act, due to be debated by the Tweede Kamer (lower house of the Dutch Parliament) this summer, could still grant Holland Casino a sole online licence, despite a 1 April Dutch Senate decision to reject Bill 30.362, which would have granted the state casino operator a temporary licence. / read more

The Australian High Court's ruling that Western Australia's (WA) ban on betting exchanges is in violation of free trade protections within the Australian Constitution outlaws State bans on State licensed betting exchanges, and could call into question State restrictions on the supply of online sports bets. / read more

Bwin is to contest a 7 March decision of the Argentinean 'Contraventional Court of First Instance No. 5' to close its Argentinean internet site,, following orders from public prosecutor Martín Lapadú. / read more


It will be interesting to hear the viewpoint of the European Commission on the Dutch Senate's decision to reject a government Bill to license Holland Casino as the sole online gambling operator in the Netherlands. / read more

In Calvert v William Hill Credit Limited, the Chancery Division of the High Court confirmed that gambling operators can owe a duty of care towards known problem gamblers, and William Hill had breached that duty of care by failing to implement its self-exclusion procedures effectively. The claim was dismissed on causation grounds because the claimant could not prove that if the selfexclusion had worked, he would not have placed bets elsewhere. John Hagan, a Partner with Harris Hagan, assesses the judgment's implications for both online and offline operators. / read more

A Vienna Court has recently held that Austrian restrictions on the supply of gambling services are not compatible with EU law. Petra Guth, an Associate with Brandl & Talos Attorneys, outlines Austrian law relating to online gambling and argues that as state operators have recently launched an online poker room, European Commission infringement action cannot be far away. / read more

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. / read more

On 10 March, the European Union launched an investigation into whether the United States' prosecution of foreign online gambling operators - while allowing US operators to offer online horse betting - amounts to discrimination, violating an international trade agreement to allow access to the market. Nao Matsukata, formerly Director of Policy Planning for US Trade Representative Robert Zoellick and now a Senior Advisor for Alston & Bird LLP, comments that historically, the US has resorted to legislative solutions to World Trade Organization disputes and that this approach may again present the solution. / read more

The UK government's Department for Culture, Media and Sport has recently announced that unless the gambling industry makes up a significant shortfall to reach its annual target of £3 million in voluntary contributions for tackling problem gambling, a statutory levy will be introduced. Paul Bellringer, a Director at Responsible Gambling Solutions and a founder of GamCare, comments on whether this would be effective in tackling problem gambling. / read more

The French Court of Appeal recently refused to decide whether France's restrictions on gambling infringe European law in a case brought by Unibet, which had requested the cancellation of indictments against its staff. Aurélien Condomines and Yoland Madec of Aramis Société d'Avocats examine the case. / read more

The Paris Tribunal de grande instance recently found two online bookmaker's use of the word 'Juventus' involved more than just identifying the club on which bets were to be taken and constituted advertising, therefore infringing Juventus football club's trademark. Mark Miller and Sophie Guerrieri of Hammonds Hausmann set out the background to this case and explain its possible implications. / read more

About Online Gambling Lawyer

The monthly publication exploring legal issues affecting operators in online gambling and gaming, on a global basis. Topics covered included licensing, offshore operators, mobile gaming, gambling payments, fixture lists and database rights, online poker, social gaming and gambling, online liquidity, advertising, sports betting, in-play betting, eSports, fantasy sports (DFS), Bitcoin gambling, and gambling fraud, as well as in-depth discussion of legislation such as the Fourth Anti-Money Laundering Directive and the US Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)... / read more

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