9 1 January 2010

News:

The UK Government has proposed new licence requirements for foreign gambling operators who want to serve the British market. On 7 January, Sports Minister Gerry Sutcliffe announced his proposals will force operators, based outside Britain, to apply for a licence from the Gambling Commission if they want to advertise or offer their gambling services to British customers.

Legislation regulating online gambling in Estonia came into force at the beginning of January, following the delayed enactment of specific measures in the Gambling Act 2008. All operators must now apply for a licence to operate in the country - the first licence was issued on 21 January to Baltic casino group, Olympic Casino.

New Jersey Senator, Raymond Lesniak, introduced a bill on 12 January that would enable the state's licensed casinos to extend their offer of games to the online platform for a renewable term of one year.

Features:

If you thought online gambling is merely for old, cigar-smoking men, sitting behind their PCs late at night, you need to think again.

US states are increasingly looking to gambling and related activities to boost falling public revenue, despite many national regulations outlawing these practices. Paul Bargren, Elizabeth L. Corey, Howard W. Fogt, Jr. and Miriam C. Beezy, of Foley & Lardner LLP, examine recent developments in the US.

Many firms in the non-financial services gambling sector have, over the course of the last few years, moved operations offshore, primarily to achieve a more favourable tax treatment. Spread betting firms find themselves in a sector regulated by the Financial Services Authority, where a different set of factors will apply to considerations in relation to offshoring. Brian McDonnell, a Partner at Olswang, examines what scope there is for spread betting firms mitigating the effects of more aggressive regulation by going offshore.

Advocate General (AG) Bot recently issued an Opinion, in which he discusses the delicate balance Member States must achieve between the free provision of gambling services and the precautionary principle, under EU law. Martin Lycka, Legal Adviser in cooperation with Betfair, analyses the AG's Opinion and what it could mean for EU gambling regulations.

Fragmented gambling legislation in Spain has triggered efforts to be made at national level to create a harmonised framework for the regulation of the provision of gambling services. Albert Agustinoy Guilayn, an Attorney at Cuatrecasas, Gonçalves Pereira, examines the progress being made to offer a stable regulatory background 'for consumers and operators involved in the provision of remote gambling services'.

On 14 January 2010, the oral hearing for the Austrian Engelmann case (C-64/08), took place before the European Court of Justice. Several licensing systems and gambling market ideologies clashed. Thomas Talos and Arthur Stadler, of Brandl & Talos Attorneys At-Law, outline licensing requirements under European as well as Austrian regulations.

Belgium has recently implemented new gambling legislation that is, in some parts, not compatible with EU law. Some restrictive measures seem to contradict the freedom to provide services on any territory in the EU. Axel Clerens, an Associate at Crowell & Moring LLP, examines the contents of the law, with particular focus on two of the most restrictive measures.

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