Brussels, 24/01/2013 (Agence Europe) - In a decision made on Thursday 24 January (joined cases C-186/11 and C-209/11), the European Court of Justice condemned Greek regulation on gaming which declared that it sought to restrict gaming and tackle crime linked to it. The organisation and operation of games of chance and betting forms are entrusted to the public limited company OPAP (Organismos prognostikon agonon podosfairou), listed on the Athens Stock Exchange. The country, however, has done nothing to attempt to restrict the expansionist commercial policy of the latter.
The European Court of Justice was responding to questions regarding an action brought by two British companies before the Council of State (Greece) against the Greek authorities' tacit rejection of their applications to be granted permission to provide sport betting services in Greece. The Greek Court was seeking information about the compliance of its regulation in regard to the principles of freedom of establishment and the freedom to provide services.
Whilst recognising the fact that in the field of gaming and gambling, states are free to restrict the free movement of services and the freedom of establishments for public order and public security motives (according to their own moral, religious or cultural values, in the absence of European regulation), the European Court of Justice stipulates in its ruling that the Greek regulation includes a restriction on freedom to provide services and the freedom of establishment. The Greek courts must verify in practice whether, in this case, such a restriction is justified and proportionate with the objectives pursued in Greek legislation (reducing gaming and fighting crime).
It considers, however, contrary to European law, that national regulation that grants a monopoly to a single organisation in games of chance, without really reducing gaming, is not systematically or coherently restricting activities in this domain and is not ensuring strict control of the expansion of games of chance to exclusively fight crime. There are two possible ways of regulating Greek legislation: reforming the monopoly and subjecting it to effective and strict control from the public authorities, if it considers that liberalisation of the games of chance markets goes against a level of consumer protection and the social order that it intends to ensure; opting for the liberalisation of the market (Union law does not oblige this) and, in this case, respecting the principles of equal treatment and non-discrimination based on nationality, as well as the transparency obligations. The introduction of a preliminary administrative authorisation regime should in this case be based on objective and non-discriminatory criteria, so that the national authorities examining body cannot be used in an arbitrary way. The European Court of Justice also states that under European law, the national authorities cannot, in the meantime, abstain from examining demands for authorisation. (FG/transl.fl)