In 2014, the Hungarian law on games of chance, which runs counter to the principle of equality of treatment and are not sufficiently transparent, limited the possibility for operators established in other member states to provide their services in Hungary online, the Court of Justice of the EU concluded in a judgment returned on Thursday 22 June (case C-49/16).
In 2014, the Maltese company Unibet provided gambling services on Hungarian-language websites even though it did not hold the required licence. In June 2014, the Hungarian authorities temporarily blocked access to Unibet’s websites from Hungary and fined the company in August of that year.
The Maltese company appealed against both decisions before the Administrative and Labour Court of Budapest on the grounds that during the periods of dispute, it was unable to obtain the required licence. Indeed, the Hungarian authorities did not issue a public call for tenders for specific concessions. Furthermore, in June 2014, the Hungarian rules required operators of games of chance to have carried out activities in Hungary for at least ten years in order to qualify as a trustworthy operator. This condition automatically excluded Unibet from the possibility of acquiring such a licence.
Following an approach from the Hungarian courts, the Court notes in its judgment that the Hungarian law requiring prior licensing to be able to offer games of chance creates a difference in treatment, as it puts national operators at an advantage.
Between June and August 2014, the requirement to have previously provided services in Hungary was removed and the minimum duration required was cut from ten years to three. According to the Court, the modified requirement does not create a difference in treatment. However, the European institution takes the view that it lacks precision, as it does not specify the procedures for granting licences or the technical conditions that operators must meet in order to provide their services. (Original version in French by Mathieu Bion)