The document discusses a pending case before the Court of Justice of the European Union regarding Germany's sports betting licensing procedure. The CJEU is being asked to determine if Germany's procedure complies with EU transparency requirements. If the CJEU sides with the European Commission, Germany may have to restart the licensing procedure. Germany opened its sports betting market in 2012 but has yet to grant a single license due to ongoing legal challenges regarding the selection process. The pending Ince case could provide clarification from the CJEU on what criteria must be published for a licensing procedure to be considered transparent under EU law.
Opinion of Advocate General Szpunar (ince, C-336/14)Martin Arendts
The document is an opinion from an Advocate General in a case referred from a German court regarding criminal charges against Ms Ince for operating a betting machine without authorization under German law. The opinion discusses the relevant EU and German legal framework regarding games of chance and betting. It examines Germany's public monopoly on sports betting and the need to balance that with EU law on the freedom to provide services. The AG seeks to provide guidance to the referring court on how to interpret the applicable laws in line with EU law principles.
The document summarizes the complex legal issues around Germany's attempt to license and regulate sports betting, which has faced numerous legal challenges. It discusses:
1) How the licensing procedure established in 2012 failed to issue any licenses and was criticized in court decisions for lacking transparency and being discriminatory.
2) How recent court rulings found the licensing system and oversight body called the Gambling Board to be unconstitutional for concentrating decision-making power without democratic accountability.
3) How an upcoming ruling from the EU Court of Justice in a related case could force Germany to amend its legislation to comply with EU law and properly license operators from other EU countries.
1) The government of Schleswig-Holstein submitted a draft act to repeal its gaming act and adopt an interstate treaty on gambling to the European Commission for review.
2) The EC has three months to review the provisions and can object or begin infringement proceedings if it contravenes EU law.
3) A British betting operator filed a complaint with the EC regarding recently adopted gambling legislation in Cyprus that could restrict betting exchanges, claiming it discriminates and breaches EU law. The complaint could take years to resolve.
The regulatory process for online gambling in Germany has been complicated since 2006. Schleswig-Holstein passed its own legislation in 2011, awarding licenses to operators, but a new government plans to return to the Interstate Treaty signed by other states. The Treaty has been criticized by the EU as incompatible with EU law. Legal challenges have stalled implementation of the Treaty. The future of regulation in Germany remains uncertain as multiple conflicting frameworks exist simultaneously.
Arendts: Sports betting licensing procedure in Germany Martin Arendts
Germany recently decided to open up its sports betting market and grant up to 20 sports betting licenses. However, over a year later no licenses have been issued. The licensing procedure has been criticized for not being transparent or fulfilling EU criteria for fair competition. Specifically, the selection criteria have not been published in advance and favor existing state monopoly operators over new applicants. Several court cases are pending regarding the non-transparent nature of the licensing process in Germany.
Germany's new gambling advertising guidelines that took effect in February 2013 give licensed operators more options to advertise but also require approval for internet and television ads. However, several lawyers regard the approval requirement as unconstitutional. The guidelines were issued by Germany's new Gambling Board based on the Interstate Treaty on Gambling but are not actual law. It remains to be seen whether the guidelines will survive a judicial review as the requirement for prior approval has been criticized as a form of censorship not properly founded in law.
The document discusses a pending case before the Court of Justice of the European Union regarding Germany's sports betting licensing procedure. The CJEU is being asked to determine if Germany's procedure complies with EU transparency requirements. If the CJEU sides with the European Commission, Germany may have to restart the licensing procedure. Germany opened its sports betting market in 2012 but has yet to grant a single license due to ongoing legal challenges regarding the selection process. The pending Ince case could provide clarification from the CJEU on what criteria must be published for a licensing procedure to be considered transparent under EU law.
Opinion of Advocate General Szpunar (ince, C-336/14)Martin Arendts
The document is an opinion from an Advocate General in a case referred from a German court regarding criminal charges against Ms Ince for operating a betting machine without authorization under German law. The opinion discusses the relevant EU and German legal framework regarding games of chance and betting. It examines Germany's public monopoly on sports betting and the need to balance that with EU law on the freedom to provide services. The AG seeks to provide guidance to the referring court on how to interpret the applicable laws in line with EU law principles.
The document summarizes the complex legal issues around Germany's attempt to license and regulate sports betting, which has faced numerous legal challenges. It discusses:
1) How the licensing procedure established in 2012 failed to issue any licenses and was criticized in court decisions for lacking transparency and being discriminatory.
2) How recent court rulings found the licensing system and oversight body called the Gambling Board to be unconstitutional for concentrating decision-making power without democratic accountability.
3) How an upcoming ruling from the EU Court of Justice in a related case could force Germany to amend its legislation to comply with EU law and properly license operators from other EU countries.
1) The government of Schleswig-Holstein submitted a draft act to repeal its gaming act and adopt an interstate treaty on gambling to the European Commission for review.
2) The EC has three months to review the provisions and can object or begin infringement proceedings if it contravenes EU law.
3) A British betting operator filed a complaint with the EC regarding recently adopted gambling legislation in Cyprus that could restrict betting exchanges, claiming it discriminates and breaches EU law. The complaint could take years to resolve.
The regulatory process for online gambling in Germany has been complicated since 2006. Schleswig-Holstein passed its own legislation in 2011, awarding licenses to operators, but a new government plans to return to the Interstate Treaty signed by other states. The Treaty has been criticized by the EU as incompatible with EU law. Legal challenges have stalled implementation of the Treaty. The future of regulation in Germany remains uncertain as multiple conflicting frameworks exist simultaneously.
Arendts: Sports betting licensing procedure in Germany Martin Arendts
Germany recently decided to open up its sports betting market and grant up to 20 sports betting licenses. However, over a year later no licenses have been issued. The licensing procedure has been criticized for not being transparent or fulfilling EU criteria for fair competition. Specifically, the selection criteria have not been published in advance and favor existing state monopoly operators over new applicants. Several court cases are pending regarding the non-transparent nature of the licensing process in Germany.
Germany's new gambling advertising guidelines that took effect in February 2013 give licensed operators more options to advertise but also require approval for internet and television ads. However, several lawyers regard the approval requirement as unconstitutional. The guidelines were issued by Germany's new Gambling Board based on the Interstate Treaty on Gambling but are not actual law. It remains to be seen whether the guidelines will survive a judicial review as the requirement for prior approval has been criticized as a form of censorship not properly founded in law.
The Administrative Court of Appeal of Baden-Wuerttemberg upheld that online penny auctions constituted illegal gambling. In these auctions, participants had to purchase "bidding points" costing between €0.60-€0.75 to place bids, generating most revenue. If a bid was placed, the price rose by €0.01 and the auction time extended by 20 seconds. The winner acquired the product, often at below market price. While the operator appealed that skill determined the outcome, the court found the winner was decided primarily by chance like in other games of chance.
The Federal Patent Court in Munich ordered the cancellation of the trademark 'TOTO', which was held by the member companies of Deutscher Lotto- und Totoblock, a cartel of German state gambling operators. As a result of this decision, the state operators forfeit protection of this trademark. The court determined that 'TOTO' was merely descriptive as an abbreviation for football toto and had not acquired a secondary meaning among the affected trade circles at the time of its registration in 1997 or by 2009. This decision opens the German gambling market to competition from other EU member states.
This document provides a summary of recent legal news and judicial decisions from the Czech Republic in October and November 2018. It discusses amendments to property transfer tax law to exempt housing units in family homes, opportunities for individuals to object to their personal data published in private registers, and several judicial decisions around issues like the interpretation of double taxation conventions, disproportionate contract fulfillment, monetary damages for interference with corporate rights, refusal of personal data requests as administrative decisions, and additional tax returns taking priority over taxation controls. The newsletter informs clients that the law firm will provide updates on future legal changes and decisions.
1) New laws establish responsibility for companies to provide valid legal addresses and allow parties to rely on address information in official registers. Registration can now be denied if an address is invalid.
2) The Supreme Commercial Court issued guidelines for registration authorities, including reasons to deny registration due to invalid addresses.
3) The new laws and court guidelines aim to increase state control over company address validity while also unifying previously varying court practices on this issue.
P. podrecki, civil law actions against restricting practicesMichal
This paper’s aim is to describe the rules governing the assertion of civil law liability
in the event of a competition law infringement. Given the planned adoption and
implementation of a new EU legislative package concerning private enforcement, it
is useful to determine what legal instruments and procedures are already available
under Polish civil law that serve the protection of market players. This paper will
specify the legal basis for the assertion of civil claims associated with competition
law infringements and present its particularity. Considered will be the provisions
of the Polish Civil Code as well as the provisions of the law on combating unfair
competition and the law on unfair market practices. Discussed will be the full
catalogue of civil law claims that can be asserted in relation to antitrust infringements
as well as the specific purposes of civil law liability in this context. The paper will
also assess the model of determining the effects of competition law violations and
analyse whether private law principles for the calculation of loss can be applied in
antitrust infringement cases. Finally, the paper will discuss the issue of settling the
convergence of liability problem and the proposal concerning the introduction into
the Polish legal system of class actions.
legal aspects, novels and tips for structuring business in Ukraine
ANALYZING NOVELS: IRREVOCABLE POWER OF
ATTORNEY FOR CORPORATE RIGHTS
NEW OPPORTUNITIES: T H E ACQUISITION OF THE
R I G H T TO UNILATERAL TERMINATION OF T H E
CONTRACT
THE ESCROW ACCOUNTS THROUGH THE BANKS’ AND CUSTOMERS’ EYES. THE ISSUES AND OPPORTUNITIES OF USE
TRANSFER PRICING: CHANGE S 2019
THE ACQUISITION OF THE RIGHT TO ONE-SIDE TERMINATION OF AGREEMENT
WHAT IS AN AGREEMENT ON THE ENFORCEMENT OF THE RIGHTS O F T H E L LC ’ S PART I C I PANTS AND WHY DO YOU NEED TO USE IT?
From 2007-2012, it was found that 317 orders have been issued by the Courts invoking Section 20 of the CCA to ban access to content or the entire website of a total of 102,191 URLs. The most frequently blocked content concerns information and images deemed to insult and defame the King, Queen, Heir-apparent, or Regent, for which 219 court orders have been issued to block access to 77,491 URLs, or approximately 76% of the total. This is followed by the blocking of access to pornographic content and images with 76 court orders blocking 23,456 URLs, or 23% of the total. The remain 1% concern content involving abortion medication or self-abortion methods, gambling or blasphemy, bogus and Pharming websites, and websites which might cause misunderstanding about the containment and suppression of demonstrations and which could lead to public commotion or stir up people’s resistance.
Legislative and jurisprudential developments in the postal sector in 2011 in ...Michal
Postal services in Poland are governed by the Postal Law Act of 2003 (in
Polish: Prawo Pocztowe)1 which maintains the monopoly of the public operator
Poczta Polska with respect of letters weighing up to 50 grams. However, Poland
will have to fully liberalize its postal services market by 31 December 2012.
For this reason, the Government adopted on 5 October 2010 Assumptions
for the Draft Postal Law Act as proposed by the Minister of Infrastructure2.
However, the Draft was not placed on the Government’s legislative agenda
for 2011. Thus, the majority of legislative work will have to be completed in
2012, a fact that jeopardizes the implementation of Directive 2008/6/EC. The
latter indicates 31 December 2012 as the deadline beyond which Member
States must not maintain a privileged position of operators providing universal
postal services
This document summarizes Poland's business reforms from 2008 to 2014. Over this 6 year period, Poland implemented various reforms to make business processes like starting a business, dealing with construction permits, registering property, paying taxes, enforcing contracts, resolving insolvency, trading across borders, employing workers, getting credit, and resolving insolvency easier. Some key reforms included eliminating unnecessary registration requirements, digitizing land records, promoting electronic tax filing, appointing more commercial court judges, and updating bankruptcy petition guidelines.
Campaign Activity By Churches Legal Analysis Of Houses Of Worshiplegalcounsel
H.R. 235 aims to allow churches more leeway in political speech without risking tax-exempt status. It would permit churches to endorse or oppose candidates during sermons and religious services, conduct unlimited political activities as long as they occur during services, and distribute recordings of such services. However, it would not allow electioneering ads or direct contributions to campaigns. The bill takes a narrower approach than a prior bill by limiting the types of permitted activities but imposing no limits on the number.
Intersection between the activities of two regulators – shall prior actions t...Michal
The commented judgment of the Polish Supreme Court concerns Telekomunikacja
Polska S.A. (hereafter, TPSA)1 and the fines imposed upon the incumbent operator
by the President of the Office of Competition and Consumer Protection (in Polish:
Urząd Ochrony Konkurencji i Konsumentów; hereafter, UOKiK) for the abuse of its
dominant position. TPSA is a Polish telecoms provider formally established in 1991.
It is a public company – its shares are traded on the Warsaw Stock Exchange with the
controlling stake owned by France Télécom2. TPSA is often the subject of competition
law decisions issued not only by the UOKiK President but also by the European
Commission, particularly with respect to dominant position abuse
Independent Office of Police Conduct (IOPC) directing Humberside Police to re-investigate complaint. This matter concerns a police conduct complaint submitted 8 November 2015 which was initially dealt with by way of Local Resolution. The outcome (which was appealed and referred to the IOPC) was provided on 3 April 2017. On completing the review, the IOPC deemed the statutory conditions were not met for the matter to be suitable for local resolution and directed the force to fully investigate the complaint, taking into consideration further information such as evidence in support of alleged collusion between the police, CPS and Courts.
Dutch gaming authority installed ahead of opening up remote gaming market. By...Market Engel SAS
On December 20, 2011, the Dutch Senate approved the legislative proposal regarding the introduction of the Gaming Authority. The new
independent regulatory body will be operational as of April 1, 2012, and will make enforcement of the Dutch gaming regulations much more effective. A change in government in October 2010 resulted in plans to modernise the Dutch gaming policy. The State Secretary for Safety and Justice now responsible for the
gaming dossier sent a policy note to the House of Representatives ("Tweede Kamer") on March 19, 2011, which marked a dramatic shift in the government's thinking on the regulation of all forms of gambling. These plans were fuelled by the final ruling of the Dutch Council of State in the post CJEU case Betfair/Ministry of Justice (Case 258/08). The supreme administrative court held that the Dutch licensing procedure is in breach of EU law because the procedure failed to comply with the principles of non-discrimination and transparency. (...) 2012 will be the year in which the legal landscape for (remote) gaming in the Netherlands undergoes a substantial redesign. While the Dutch government is shaping new remote gaming policy and intending to present a remote gaming bill in the first half of this year, the Gaming Authority will already become operational as of April 2012. These developments will create both opportunities and risks for parties active on the Dutch gaming market such as operators, software companies, PSPs and media companies. The Authority will actually have teeth to effectively enforce current and future Dutch gaming regulations which could particularly affect local-based entities or foreign entities with assets in the Netherlands. Nevertheless, it remains to be seen how the Gaming Authority will behave towards market players in the transitional period until the new remote gaming licensing regime unfolds. Without a transparent, sustainable and viable regulatory framework which is compliant with EU law, difficulties will remain with respect to enforcement.
The document discusses European gambling regulation from the perspective of private gambling operators. It makes three key points:
1) National monopolies and barriers exist across Europe that restrict private operators from offering gambling services across borders, despite rulings from the European Court of Justice saying gambling should be allowed under freedom to provide services.
2) Private operators face legal challenges in many countries trying to protect domestic monopolies. The European Commission has started infringement procedures against some countries for limiting competition.
3) The European Court of Justice has not established secondary legislation for gambling, but through case law has said member states can regulate gambling as long as measures are proportionate and non-discriminatory. However, monopolies still largely restrict the cross
Spanish gambling law analysis by olswang llp (c) 2011 june 2011Market Engel SAS
On May 28, the long awaited Gambling Law was finally published in the Spanish Official Gazette, and
came into force the next day.
The new Law (13/2011), dated May 27, on Gambling Regulation ("Law") is the starting point from which
the Spanish gambling legal framework will now be constructed.
It is our view that Romanian laws are modern, efficient, fair, completely functional and aligned to the regulations of other successful states in this sector, such as Malta, Denmark or the UK. It is nevertheless true that the current laws are still perfectible, as per the opinion of other industry
stakeholders.
Cristian RADU, Partner at Țuca Zbârcea & Asociații
Gabriel IANCULESCU, Associate at Țuca Zbârcea & Asociații
Tolboom; intergaming may 2014; holland casino; the house does not always winToltree
It is no secret that the Dutch government wants to sell the blighted and struggling Holland Casino. Although the privatisation of Holland Casino is on the horizon, it has been pushed back to make way for another piece of regulatory reform, the introduction of a remote gaming licensing system, which receives priority treatment. A key question is how the Dutch government will attract investors and receive a relatively good price for Holland Casino while maintaining its regulatory objectives.
- The document summarizes recent tax law developments in the European Union. Key points include:
- EU Member States agreed on rules to tackle "hybrid mismatches" between tax structures of EU and non-EU countries. This will impact many existing corporate structures.
- The Netherlands Supreme Court referred preliminary questions to the EU Court of Justice regarding whether denying refunds of dividend withholding tax to non-resident investment funds discriminates against them compared to Dutch funds.
- The EU Court of Justice ruled that a non-resident individual receiving 60% of income in the Netherlands should be allowed to deduct losses from a property in their country of residence, Spain, from their Dutch taxable income.
1) This document discusses various legal issues related to distribution agreements and intermediaries under Swiss and European law.
2) It addresses questions around contract termination, competition law, choice of law, and consumer protection as they relate to distribution structures.
3) Key points include that protection clauses for commercial agents are now considered mandatory under EU law, limiting choice of law, and that indemnities for new customers upon contract termination have also been standardized between EU member states.
The Netherlands_Bill_Betting and Gaming Act_Explanatory memorandum_English tr...Market Engel SAS
See bill on http://www.internetconsultatie.nl/kansspelen_op_afstand
This bill amends the Betting and Gaming Act.It is the second phase in the modernisation process of the games of chance policy, which aims to prevent gambling addiction, protect the consumer and discourage illegality and crime.
Remote games of chance are games of chance in which the player takes part with electronic means of communication and without physical contact with (the personnel of the) the organiser of the games of chance or a third party which provides a room and resources for the participation in the games of chance.
Because of the lack of direct contact between the player and the games of chance provider, these games involve different and bigger risks of fraud and gambling addiction than the traditional physical (“land based”) games of chance.
Proper and strict regulation of remote games of chance involves among other things that additional measures are set to prevent gambling addiction, including a central register for the exclusion of games of chance3, as well as additional supervision and enforcement powers for the Games of Chance Authority and amendment of the games of chance legislation.
The Administrative Court of Appeal of Baden-Wuerttemberg upheld that online penny auctions constituted illegal gambling. In these auctions, participants had to purchase "bidding points" costing between €0.60-€0.75 to place bids, generating most revenue. If a bid was placed, the price rose by €0.01 and the auction time extended by 20 seconds. The winner acquired the product, often at below market price. While the operator appealed that skill determined the outcome, the court found the winner was decided primarily by chance like in other games of chance.
The Federal Patent Court in Munich ordered the cancellation of the trademark 'TOTO', which was held by the member companies of Deutscher Lotto- und Totoblock, a cartel of German state gambling operators. As a result of this decision, the state operators forfeit protection of this trademark. The court determined that 'TOTO' was merely descriptive as an abbreviation for football toto and had not acquired a secondary meaning among the affected trade circles at the time of its registration in 1997 or by 2009. This decision opens the German gambling market to competition from other EU member states.
This document provides a summary of recent legal news and judicial decisions from the Czech Republic in October and November 2018. It discusses amendments to property transfer tax law to exempt housing units in family homes, opportunities for individuals to object to their personal data published in private registers, and several judicial decisions around issues like the interpretation of double taxation conventions, disproportionate contract fulfillment, monetary damages for interference with corporate rights, refusal of personal data requests as administrative decisions, and additional tax returns taking priority over taxation controls. The newsletter informs clients that the law firm will provide updates on future legal changes and decisions.
1) New laws establish responsibility for companies to provide valid legal addresses and allow parties to rely on address information in official registers. Registration can now be denied if an address is invalid.
2) The Supreme Commercial Court issued guidelines for registration authorities, including reasons to deny registration due to invalid addresses.
3) The new laws and court guidelines aim to increase state control over company address validity while also unifying previously varying court practices on this issue.
P. podrecki, civil law actions against restricting practicesMichal
This paper’s aim is to describe the rules governing the assertion of civil law liability
in the event of a competition law infringement. Given the planned adoption and
implementation of a new EU legislative package concerning private enforcement, it
is useful to determine what legal instruments and procedures are already available
under Polish civil law that serve the protection of market players. This paper will
specify the legal basis for the assertion of civil claims associated with competition
law infringements and present its particularity. Considered will be the provisions
of the Polish Civil Code as well as the provisions of the law on combating unfair
competition and the law on unfair market practices. Discussed will be the full
catalogue of civil law claims that can be asserted in relation to antitrust infringements
as well as the specific purposes of civil law liability in this context. The paper will
also assess the model of determining the effects of competition law violations and
analyse whether private law principles for the calculation of loss can be applied in
antitrust infringement cases. Finally, the paper will discuss the issue of settling the
convergence of liability problem and the proposal concerning the introduction into
the Polish legal system of class actions.
legal aspects, novels and tips for structuring business in Ukraine
ANALYZING NOVELS: IRREVOCABLE POWER OF
ATTORNEY FOR CORPORATE RIGHTS
NEW OPPORTUNITIES: T H E ACQUISITION OF THE
R I G H T TO UNILATERAL TERMINATION OF T H E
CONTRACT
THE ESCROW ACCOUNTS THROUGH THE BANKS’ AND CUSTOMERS’ EYES. THE ISSUES AND OPPORTUNITIES OF USE
TRANSFER PRICING: CHANGE S 2019
THE ACQUISITION OF THE RIGHT TO ONE-SIDE TERMINATION OF AGREEMENT
WHAT IS AN AGREEMENT ON THE ENFORCEMENT OF THE RIGHTS O F T H E L LC ’ S PART I C I PANTS AND WHY DO YOU NEED TO USE IT?
From 2007-2012, it was found that 317 orders have been issued by the Courts invoking Section 20 of the CCA to ban access to content or the entire website of a total of 102,191 URLs. The most frequently blocked content concerns information and images deemed to insult and defame the King, Queen, Heir-apparent, or Regent, for which 219 court orders have been issued to block access to 77,491 URLs, or approximately 76% of the total. This is followed by the blocking of access to pornographic content and images with 76 court orders blocking 23,456 URLs, or 23% of the total. The remain 1% concern content involving abortion medication or self-abortion methods, gambling or blasphemy, bogus and Pharming websites, and websites which might cause misunderstanding about the containment and suppression of demonstrations and which could lead to public commotion or stir up people’s resistance.
Legislative and jurisprudential developments in the postal sector in 2011 in ...Michal
Postal services in Poland are governed by the Postal Law Act of 2003 (in
Polish: Prawo Pocztowe)1 which maintains the monopoly of the public operator
Poczta Polska with respect of letters weighing up to 50 grams. However, Poland
will have to fully liberalize its postal services market by 31 December 2012.
For this reason, the Government adopted on 5 October 2010 Assumptions
for the Draft Postal Law Act as proposed by the Minister of Infrastructure2.
However, the Draft was not placed on the Government’s legislative agenda
for 2011. Thus, the majority of legislative work will have to be completed in
2012, a fact that jeopardizes the implementation of Directive 2008/6/EC. The
latter indicates 31 December 2012 as the deadline beyond which Member
States must not maintain a privileged position of operators providing universal
postal services
This document summarizes Poland's business reforms from 2008 to 2014. Over this 6 year period, Poland implemented various reforms to make business processes like starting a business, dealing with construction permits, registering property, paying taxes, enforcing contracts, resolving insolvency, trading across borders, employing workers, getting credit, and resolving insolvency easier. Some key reforms included eliminating unnecessary registration requirements, digitizing land records, promoting electronic tax filing, appointing more commercial court judges, and updating bankruptcy petition guidelines.
Campaign Activity By Churches Legal Analysis Of Houses Of Worshiplegalcounsel
H.R. 235 aims to allow churches more leeway in political speech without risking tax-exempt status. It would permit churches to endorse or oppose candidates during sermons and religious services, conduct unlimited political activities as long as they occur during services, and distribute recordings of such services. However, it would not allow electioneering ads or direct contributions to campaigns. The bill takes a narrower approach than a prior bill by limiting the types of permitted activities but imposing no limits on the number.
Intersection between the activities of two regulators – shall prior actions t...Michal
The commented judgment of the Polish Supreme Court concerns Telekomunikacja
Polska S.A. (hereafter, TPSA)1 and the fines imposed upon the incumbent operator
by the President of the Office of Competition and Consumer Protection (in Polish:
Urząd Ochrony Konkurencji i Konsumentów; hereafter, UOKiK) for the abuse of its
dominant position. TPSA is a Polish telecoms provider formally established in 1991.
It is a public company – its shares are traded on the Warsaw Stock Exchange with the
controlling stake owned by France Télécom2. TPSA is often the subject of competition
law decisions issued not only by the UOKiK President but also by the European
Commission, particularly with respect to dominant position abuse
Independent Office of Police Conduct (IOPC) directing Humberside Police to re-investigate complaint. This matter concerns a police conduct complaint submitted 8 November 2015 which was initially dealt with by way of Local Resolution. The outcome (which was appealed and referred to the IOPC) was provided on 3 April 2017. On completing the review, the IOPC deemed the statutory conditions were not met for the matter to be suitable for local resolution and directed the force to fully investigate the complaint, taking into consideration further information such as evidence in support of alleged collusion between the police, CPS and Courts.
Dutch gaming authority installed ahead of opening up remote gaming market. By...Market Engel SAS
On December 20, 2011, the Dutch Senate approved the legislative proposal regarding the introduction of the Gaming Authority. The new
independent regulatory body will be operational as of April 1, 2012, and will make enforcement of the Dutch gaming regulations much more effective. A change in government in October 2010 resulted in plans to modernise the Dutch gaming policy. The State Secretary for Safety and Justice now responsible for the
gaming dossier sent a policy note to the House of Representatives ("Tweede Kamer") on March 19, 2011, which marked a dramatic shift in the government's thinking on the regulation of all forms of gambling. These plans were fuelled by the final ruling of the Dutch Council of State in the post CJEU case Betfair/Ministry of Justice (Case 258/08). The supreme administrative court held that the Dutch licensing procedure is in breach of EU law because the procedure failed to comply with the principles of non-discrimination and transparency. (...) 2012 will be the year in which the legal landscape for (remote) gaming in the Netherlands undergoes a substantial redesign. While the Dutch government is shaping new remote gaming policy and intending to present a remote gaming bill in the first half of this year, the Gaming Authority will already become operational as of April 2012. These developments will create both opportunities and risks for parties active on the Dutch gaming market such as operators, software companies, PSPs and media companies. The Authority will actually have teeth to effectively enforce current and future Dutch gaming regulations which could particularly affect local-based entities or foreign entities with assets in the Netherlands. Nevertheless, it remains to be seen how the Gaming Authority will behave towards market players in the transitional period until the new remote gaming licensing regime unfolds. Without a transparent, sustainable and viable regulatory framework which is compliant with EU law, difficulties will remain with respect to enforcement.
The document discusses European gambling regulation from the perspective of private gambling operators. It makes three key points:
1) National monopolies and barriers exist across Europe that restrict private operators from offering gambling services across borders, despite rulings from the European Court of Justice saying gambling should be allowed under freedom to provide services.
2) Private operators face legal challenges in many countries trying to protect domestic monopolies. The European Commission has started infringement procedures against some countries for limiting competition.
3) The European Court of Justice has not established secondary legislation for gambling, but through case law has said member states can regulate gambling as long as measures are proportionate and non-discriminatory. However, monopolies still largely restrict the cross
Spanish gambling law analysis by olswang llp (c) 2011 june 2011Market Engel SAS
On May 28, the long awaited Gambling Law was finally published in the Spanish Official Gazette, and
came into force the next day.
The new Law (13/2011), dated May 27, on Gambling Regulation ("Law") is the starting point from which
the Spanish gambling legal framework will now be constructed.
It is our view that Romanian laws are modern, efficient, fair, completely functional and aligned to the regulations of other successful states in this sector, such as Malta, Denmark or the UK. It is nevertheless true that the current laws are still perfectible, as per the opinion of other industry
stakeholders.
Cristian RADU, Partner at Țuca Zbârcea & Asociații
Gabriel IANCULESCU, Associate at Țuca Zbârcea & Asociații
Tolboom; intergaming may 2014; holland casino; the house does not always winToltree
It is no secret that the Dutch government wants to sell the blighted and struggling Holland Casino. Although the privatisation of Holland Casino is on the horizon, it has been pushed back to make way for another piece of regulatory reform, the introduction of a remote gaming licensing system, which receives priority treatment. A key question is how the Dutch government will attract investors and receive a relatively good price for Holland Casino while maintaining its regulatory objectives.
- The document summarizes recent tax law developments in the European Union. Key points include:
- EU Member States agreed on rules to tackle "hybrid mismatches" between tax structures of EU and non-EU countries. This will impact many existing corporate structures.
- The Netherlands Supreme Court referred preliminary questions to the EU Court of Justice regarding whether denying refunds of dividend withholding tax to non-resident investment funds discriminates against them compared to Dutch funds.
- The EU Court of Justice ruled that a non-resident individual receiving 60% of income in the Netherlands should be allowed to deduct losses from a property in their country of residence, Spain, from their Dutch taxable income.
1) This document discusses various legal issues related to distribution agreements and intermediaries under Swiss and European law.
2) It addresses questions around contract termination, competition law, choice of law, and consumer protection as they relate to distribution structures.
3) Key points include that protection clauses for commercial agents are now considered mandatory under EU law, limiting choice of law, and that indemnities for new customers upon contract termination have also been standardized between EU member states.
The Netherlands_Bill_Betting and Gaming Act_Explanatory memorandum_English tr...Market Engel SAS
See bill on http://www.internetconsultatie.nl/kansspelen_op_afstand
This bill amends the Betting and Gaming Act.It is the second phase in the modernisation process of the games of chance policy, which aims to prevent gambling addiction, protect the consumer and discourage illegality and crime.
Remote games of chance are games of chance in which the player takes part with electronic means of communication and without physical contact with (the personnel of the) the organiser of the games of chance or a third party which provides a room and resources for the participation in the games of chance.
Because of the lack of direct contact between the player and the games of chance provider, these games involve different and bigger risks of fraud and gambling addiction than the traditional physical (“land based”) games of chance.
Proper and strict regulation of remote games of chance involves among other things that additional measures are set to prevent gambling addiction, including a central register for the exclusion of games of chance3, as well as additional supervision and enforcement powers for the Games of Chance Authority and amendment of the games of chance legislation.
Tricky distribution under european union law taylor wessing webinar feb 28,...Dr. Martin Rothermel
This document summarizes several recent legal cases related to distribution and competition law in the European Union.
1) The EU Commission fined Guess €40 million for restrictions in their selective distribution system, including restricting territories and end customers.
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Martin Arendts on the proposed Third Amendment to the Interstate Treaty on Gambling
1. GERMANY: MUCH ADO
ABOUT (ALMOST) NOTHING
ermany is certainly one of the most interesting
markets for gambling and sports betting in
Europe. However, a precise instruction for
operators can hardly be given. So, none of the
promised sports betting licenses has be issued in the
current licensing procedure, running since 2012.
The recently proposed Third Amendment to the
Interstate Treaty on Gambling (Dritter
Glücksspieländerungsstaatvertrag) will not bring a solution
for the current regulatory problems in Germany and not
the desired clarity. The new regulation (if it will enter into
force) will only be effective for 18 months, not viable from
a business point of view (and much less than the promised
seven years experimentation period for bookmakers). It
remains open how an enduring regulatory regime will look
like after 30 June 2021, the end of the current Interstate
Treaty.
The attempts to properly regulate gambling and sports
betting and to finally produce a mature coherent and
consistent regulatory environment amount to a “Series of
Unfortunate Events”. Already 13 years ago, the German
Federal Constitutional Court held the state monopoly with
regard to sports betting as incoherent with constitutional
law. 2010, the CJEU followed with decisions on several
referral cases from Germany (Markus Stoss et al.). The CJEU
held the sports betting monopoly to be clearly inconsistent
with EU law.
Subsequently Germany finally decided to abandon its strict
state monopoly system with regard to sports betting in 2012.
Martin Arendts
Arendts Anwälte
31CGiMAGAZINE.COM
GERMANY ::
G
2. :: GERMANY
The German states (Länder) amended the Interstate Treaty
with an experimentation clause in section 10a
(experimentation period of seven years until end of June
2019) and started a licensing procedure to grant up to 20
licences. However, none of these licenses has been granted,
as the non-transparent procedure has been stopped by
several court decisions.
Only the German state of Schleswig Holstein (at the
border to Denmark) opted for its own state Gambling Act
(before acceding to the Interstate Treaty in February 2013)
and issued licenses under a qualitative licensing regime not
only for sports betting, but also for casino games (including
Poker). The last of this Schleswig Holstein licenses expired six
years after its issuance in February 2019.
Five years ago, I compared the situation in Germany with
Waiting for Godot, the absurdist play by Samuel Beckett.
Nothing substantial has changed since then. The sports
betting licensing process, which began in August 2012, is still
a never-ending saga, and one can now imagine Vladimir and
Estragon discussing how perfect the situation might be if
betting licences had finally arrived (or at least interim
permits, as proposed in the Second Amendment to the
Interstate Treaty, which, however, did not become effective
as of 1 January 2018).
The Second Amendment proposed only “minimally
invasive” amendments to the existing regulations of the
32 CGiMAGAZINE.COM
3. GERMANY ::
Interstate Treaty on Gambling in a kind of formulaic
compromise. However, this compromise did not work out in
practice. Several state parliaments, most vocally the
Schleswig Holstein parliament, did not ratify the draft. So,
even the applicants which fulfilled the minimum
requirements for license-holders were not granted an interim
permit, let alone licenses.
However, the grey market with no properly licensed
operators has shown to be quite prosperous for operators
which applied for a sports betting license (and even for the
operators which did not really care about licenses).
According to the betting tax figures (5 % betting tax on the
wager), the market share of the German state operators
(which have been offering sports betting under the brand
“ODDSET”) has fallen well below 3 % (so a restoration of the
monopoly clearly makes no sense from a business point of
view). Over the last years, almost no prohibition orders have
been served on operators and betting shops. Only recently,
the authorities were trying to stop sponsorship deals with
bookmakers which were also offering online casino games
(which are regarded as illegal under the current gambling
law) under the same brand.
After much unsuccessful discussions, the German states
finally agreed on a draft of a Third Amendment to the
Interstate Treaty on Gambling at the meeting of the state
prime ministers in March 2019. After the notification
procedure with the European Commission, all 16 state
parliaments will have to ratify the draft which is supposed to
become effective as of 1 January 2020.
In order to win over Schleswig Holstein, this state was
allowed to renew the expired Schleswig Holstein licenses. So,
in essence, the new interim regulation (if the Third
Amendment will eventually become effective) is not even a
formulaic compromise, as it allows two different set of
licenses and rules. The draft for an interim regulation in
Schleswig Holstein expressly states that the Internet
prohibition according to section 4 par. 4 Interstate Treaty is
not applicable. In Schleswig Holstein, there would be revived
licenses for casino games, while in the other 15 states online
casino games still would be regarded as illegal (a quite
strange, not really coherent situation).
The biggest problem remains that the states could not
agree on how to regulate online casino games. Several states
want to license casino games operators. Hesse proposed a
new Interstate Treaty already a few years ago, which would
have allowed online casino licenses to be granted. Other
states, like Berlin and Hamburg, want to keep the Internet
ban (without effective enforcing it). Currently, most remote
gaming operators which are offering casino games file tax
returns and, well-behaved as they are, pay VAT for an illegal
service.
The main change, the Third Amendment would bring, is
the abolishment of the cap of 20 licenses to be granted. So,
a selection procedure for the “top 20” applicants would no
longer be needed (under the current regulation the best
applicants were selected under a points scheme, assessing
the application and the concepts provided by the applicants).
The experimentation clause would be prolonged for 18
months until the end of June 2021 (and would be prolonged
for further three years until 30 June 2024, if the current
Interstate Treaty remained in force after that date).
So, operators could apply for a sports betting license in
2020 which would be valid only until 30 June 2021 (or
hopefully, but not very certainly until 30 June 2024). A
license-holder would then have to obey all quite strict terms
and conditions of a license. Under the current regulation, a
licensed operator would be banned to offer any casino
games and also forms of (very popular) in-play betting. Also
affiliated companies could not offer casino games (which
have become economically quite important for most
operators).
The Third Amendment is therefore not viable from an
economic point of view. In order to be attractive for
operators, a license should be valid for several years (as the
seven years experimentation period) and should not strangle
operators, requesting a license, with economic disadvantages
(without effectively suppressing illegal operators). As the
market for casino games cannot be stopped, it would make
more sense to properly regulate it and grant licenses. Only
in a licensed market environment consumer and player
protection can be safeguarded in an effective way.
According to my point of view, the German states, and if
they do not succeed, then the federal parliament, are called
upon to finally create an enduring coherent and consistent
gambling regulation. Market participants definitely need a
quantum leap (and not further two years of wibble wobble).
Otherwise, the billions in revenues for the 16 German states
from the games of chance offered by them are clearly
endangered. Recently the Administrative Court of Munich,
in a judgment, reached by our law firm, concludes that the
German lottery monopoly in its current form violates both
the freedom to provide services guaranteed under EU law
(Art. 56 et seq TFEU), as well as the constitutionally
guaranteed freedom of choice. ::CGi
33CGiMAGAZINE.COM
Martin Arendts of ARENDTS ANWÄLTE is one of the leading
gaming lawyers in Germany. He is a General Member of
the International Masters of Gaming Law and regularly
writes for national and international legal publications.
Martin Arendts represented Ms. Ince in the referral case
before the CJEU (decision of 4 February 2016, C-336/14).
MARTIN ARENDTS