Brussels, 25/06/2007 (Agence Europe) - On Wednesday, the Commission will conduct its quarterly inventory of almost 2000 Community law infringement procedures. Among the most prominent issues are sports betting and access to the profession of solicitor
In the area of sports betting, France and Sweden will be sent reasoned opinions, following the formal notices received in October and April 2006 respectively (see EUROPE 9286 and 9170). In the French case, the Commission is questioning the consistency between the restrictions that this member state imposes on service provision for public order and social law reasons, and the trade policy (advertising, offering new products) which French public monopolies pursue. There is division within the Commission on this issue, according to a diplomatic source, mentioning the recent Court case law (“Placanica” ruling, C-338/04) which says that offering new products does not contradict abiding by public order objectives (see EUROPE 9381). In Sweden, it is the national restrictions on granting licences, the promotion of sports betting and reserving betting to national citizens which are being challenged. Greece will also receive a formal notice.
Seven member states (Germany, Austria, Belgium, France, Greece, Luxembourg and Portugal) will have to explain themselves to the EU Court of Justice as part of the infringement procedures related to access to the profession of solicitor. In these cases, the question is: Are solicitors involved in the exercise of public authority? The Commission says no, and it indicates that there are less restrictive ways of ensuring the high level of qualification the solicitor requires. European solicitors say yes since their profession provides official documents equivalent to a court decision. (mb)