Lottery

European Court Annuls The Commission’s Decision Not To Investigate Granting Of Lottery Licenses On Compliance With EU State Aid Rules

Friday 17 de November 2023 / 12:00

⏱ 2 min read

(Luxemburg).- The Court of Justice of the EU has sided with EGBA in its appeal against the European Commission’s refusal to open a state aid investigation into the granting of lottery licenses in the Netherlands.

European Court Annuls The Commission’s Decision Not To Investigate Granting Of Lottery Licenses On Compliance With EU State Aid Rules

The Court of Justice of the European Union (CJEU) has ruled today that the European Commission must investigate possible unlawful financial advantages resulting from the way in which the Dutch State granted licenses to incumbent lotteries in the Netherlands. EGBA welcomes today’s CJEU ruling in its favour.

In 2020, the Commission concluded that a formal EU investigation into the Dutch licensing procedure was not necessary, stating that the procedure did not provide incumbent lotteries with illegal state aid, and subsequently closed the original complaint filed by European Gaming and Betting Association (EGBA) back in 2016.

EGBA appealed the Commission’s decision to the CJEU in March 2021, asserting that the renewal of multiple lottery licenses of incumbent holders, without consideration at market rate and without an open, transparent, and non-discriminatory license allocation process, constituted illegal state aid. EGBA argued that the Commission’s refusal to investigate the case infringed upon its rights under EU law.

In today’s ruling (Case T‑167/21), the CJEU sides with EGBA, confirming the infringement of its rights and annulling the Commission’s decision, concluding that:

  • “….Due to the complete absence of appropriate investigation by the Commission at the preliminary examination stage of whether the contested measure conferred an indirect advantage on those bodies, while the remittance of part of the proceeds generated by the activity of the licence holders to bodies that serve the common interest designated by those licences constituted one of the main features of the legislation at issue, the fact that this issue was not examined in the contested decision does not make it possible to rule out the existence of serious difficulties in that connection. (paragraph 51)….”

According to EU law, if there is any doubt about the possible existence of illegal state aid, the Commission is obligated to initiate an investigation. Consequently, the Commission will now have to commence a formal state aid investigation to determine whether illegal state aid was indeed involved.

The CJEU also ordered the Commission to pay EGBA’s costs for its appeal at the CJEU.

“We welcome the CJEU’s ruling to annul the Commission decision, and find in EGBA’s favour, but frankly speaking we are not surprised by it. The facts and data of this case raised serious doubts about the compliance of the Dutch licensing procedure with EU law, which should have warranted the Commission to open a formal state aid investigation to address those doubts. We are confident the Commission will now carry out a thorough investigation, and we are ready to provide any necessary information and data. It is crucial for the Commission to uphold EU law consistently across all sectors, without fear or favor, including the gambling sector. The selective enforcement of EU law undermines the Commission’s institutional role as the guardian of the Treaties.” – Maarten Haijer, Secretary General, EGBA.

Categoría:Lottery

Tags: Sin tags

País: Luxembourg

Región: EMEA

Event

SiGMA North America 2026

01 de September 2026

LatAm Regulators Discussed Illegal Gambling and Innovation at SiGMA North America

(Mexico City, SoloAzar Exclusive).- The panel "The Red Pen Forum: Regulators Respond to the Industry," held during SiGMA North America 2026, brought together representatives from Uruguay, Argentina, Puerto Rico, and Honduras to analyze regulatory challenges, digital transformation, illegal gambling, and the need to adapt lotteries for new generations. The conference was moderated by Rodrigo Cigliutti, Executive Director of CIBELAE (Ibero-American Corporation of State Lotteries and Betting), and featured the participation of Marcelo Visconti, National Director of Lotteries and Quinielas of Uruguay; Carlos Moyano, President of IAFAS Entre Ríos, Argentina; Heidi Hernández Olivo, Deputy Secretary of the Puerto Rico Lottery; and Lissa Mencía, General Director of Lottery Operations and Games at Loto Honduras.

Monday 28 Sep 2026 / 12:00

SiGMA North America Addressed Crisis Management in iGaming  

(Mexico, SoloAzar Exclusive).- During SiGMA North America 2026, Rosa Ochoa, founder of the Blue Global Gaming platform and strategic advisor for gaming operators; Iliana María Pineda Echeverri, Chief Legal & Compliance Officer at Wplay.co; Iraid Rosales, Country Manager Mexico at Amusnet; and Elizabeth Maya Cano, Executive President of CORNAZAR, analyzed the key factors in managing crisis situations within the iGaming industry, with a special focus on transparency, communication, technology, and preparation.

Friday 25 Sep 2026 / 12:00

Affiliates and Acquisition: Keys to Regulated Markets in North America

(Mexico City, SoloAzar Exclusive).- During SiGMA North America 2026, Cristopher Guzmán Reyes, Head of Affiliates at Logrand Entertainment Group; Guga Júnior, influencer and slots expert at Scalar Partners; Andrés Gómez, Head of Latin America Go-to-Market Strategy at Admattic; Yambot Aguilera, Gaming and Finance Sales Director at Google; and Paula Gabriel Jiménez, Advertising Client Growth Director for Microsoft at Aleph, analyzed the state and provincial affiliate ecosystem in North America, as well as the acquisition challenges in regulated markets.

Thursday 24 Sep 2026 / 12:00

SUSCRIBIRSE

Para suscribirse a nuestro newsletter, complete sus datos

Reciba todo el contenido más reciente en su correo electrónico varias veces al mes.