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Mobile gambling and European law: what is the outlook for operating in Europe?. Thibault Verbiest Member of the Paris and Brussels Bars Senior Partner ULYS Thibault.verbiest@ulys.net. (1) How is mobile gambling regulated in Europe?. (1) The EC Treaty - PowerPoint PPT Presentation

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• Mobile gambling and European law: what is the outlook for operating in Europe?Thibault VerbiestMember of the Paris and Brussels BarsSenior Partner ULYSThibault.verbiest@ulys.net

• (1) How is mobile gambling regulated in Europe? (1) The EC TreatyArticle 49 ECT: freedom to provide services within the CommunityArticle 50 ECT: services are provided for remunerationDiscriminatory restrictions ok if public policy, public security, public health (art.46) or overriding reasons of general interest + proportionality and necessity (Schindler, Lra, Zenatti)

• (1) How is mobile gambling regulated in Europe?(2) Gambelli: limitation of admissible restrictions Consistent gaming policyClear guidelines to national courts on how they should use their discretional power to interpret the facts of the caseCountry of origin principleProof of clear and present risks for consumersProof of proportionality by submission of statistical or other evidence

• (1) How is mobile gambling regulated in Europe?(3)Secondary EU law and initiatives of the CommissionE-commerce directive: exclusion of gambling servicesStudy on gambling services in the internal marketTo evaluate how the differing laws regulating online and offline gambling services impact on functioning of the Internal MarketTo evaluate whether those laws restrict the economic and employment growth associated with gambling servicesPublication of report June 2006 sector specific Act?Directive 98/48 EC: notification obligation for inf soc.serv.Proposal for a Directive on Services in the Internal Market (Jan 2004): gambling excluded from COP

• (1) How is mobile gambling regulated in Europe?(3) Secondary EU law and initiatives of the CommissionGebhardt report on the services directive (April 2005)Complete exclusion of gambling Mutual recognition & Country of Destination:Country of origin rules do not apply in fields of consumer protection, environmental protection, labour lawMS may invoke Country of Destination principle if :Reasons of public interest (social policy) This interest is not yet protected by provisions applicable to the service provider in his Country of Origin (equivalence)These rules are proportionate, generally applicable, business-related in nature

• (1) How is mobile gambling regulated in Europe?(3)Secondary EU law and initiatives of the Commission

  Inconsistency of the Gebhardt report with ECJ case-law The right of MS to impose restrictions is not absolute: see Gambelli and Lindman (consistent gaming policy)Restrictions of cross-border gambling to secure public revenues is not a justified ground to override the freedom to provide/receive services (Schindler, Zenatti, Gambelli)EPs plenary will probably vote in January 2006 Gambling services very likely to be excluded

• (2) How is mobile gambling regulated in Member States?Germany: case-law gambling

  Supreme Court, April 2004 Questions the consistency of German gaming policy with Gambelli.Federal Constitutional Court, April 2005 Expresses doubts on the consistency of the German cross-border gaming restrictions with EC law requirements

• (2) How is mobile gambling regulated in Member States?Germany: case-law gambling

  German Federal Constitutional Court, oral hearing 8 November 2005Case relating to the consistency of a provision of the German criminal code (art.284) with the freedom to exercise a profession (art.12 German constitution)Court asked local authorities to act prudently and refrain from too restrictive actions against local intermediaries while decision pendingDecision delayed until February 2006: future liberalization of the gaming market very likelyConclusion: no risks involved for (mobile) gaming operators

• (2) How is mobile gambling regulated in Member States?(2) The Netherlands: case-law gamblingAdministrative Court of Breda, 2 December 2005Questions the consistency of Dutch gaming restrictions with EC law (Gambelli)European Commission: critical comments to legislative proposal extending national casino monopoly to information society services Market deregulation not excluded in mid-termBut earlier case-law diverging (main proceedings vs summary proceedings)Conclusion: prospects looking brighter but caution

• (2) How is mobile gambling regulated in Member States ?(3) France: 4 Acts1983 and 1907 Act: games of chance unlawful ifGaming houseOpen to the publicGames of chance take place ok if skill prevails over chance1836 Act: lotteries unlawful ifOffer made to publicProfitStake involvedRandom outcomeException for FDJ and charitable lottery1891 Act horse betting: monopoly (PMU)

• (2) How is mobile gambling regulated in Member States ?(3) France: case-law gamblingTGI Paris, 8 July 2005PMU wins case against Malta established bookmaker Zeturf Debate focused on intellectual property aspects and PMUs exclusive rights Court did not assess the compliance of French gaming policy with European lawConfirmed by Court of appeal, 7 January 2006French gaming restrictions consistent with EC lawNo referral to the ECJConclusion: high risks for (mobile) gaming operators in field of sports betting

• (2) How is mobile gambling regulated in Member States?(3) France: mobile services regulationLaw transposing the 2002 E-commerce directive (LCEN): Service provider liability, e-commerce rules, designation of a director of publication, service identification etc..Consumer law transposing the 1997 Consumer Directive:no withdrawal right for authorized gaming services, liability of the professional party, consumer pre-contractual obligation of information 1991 mail privacy law (eg, winning numbers)

• (2) How is mobile gambling regulated in Member States?(3) France: mobile services regulationPostal and telecommunications Code (CPCE):Broadcasting regulation (not content reg.)Regulatory authority (ARCEP) Recommendations (CST & CTA): eg, availability of games rulesOperators civil (art.1382 Civil code; summary proceedings) and criminal liability (specific gaming offences: Perben Act 2004, art.121.-7 criminal code, ie, complicity, art.321-1 crim code, ie, recel) French courts competent

• (2) How is mobile gambling regulated in Member States?(4) Belgium 1999 Games of chance Act: licence required ifstake chanceTelevised SMS games ok under art.3.4 (but not implemented)Fixed odd betting not regulatedSports betting such as pool betting: light sanctions and little risk of public actionFuture Games of chance Act might regulate information society services

• (2) How is mobile gambling regulated in Member States?(4) BelgiumConstitutional Court, March 2004Partial application of GambelliCase-law promotional game via SMS:SMS message nothing more than a technical carrier used to participate in the game (no stake involved) But SMS price must = normal market price, otherwise stakeforbidden under 1999 ActConclusion: low risk environment for mobile gaming operators

• (3) Conclusions and forecastsLikelihood of a Community Act: Swiss Institutes reportIncrease in number of complaints to the Commission on national gambling restrictions: Commission waiting for the report before it takes any actions against MS Tendency clearly shifting towards deregulation: UK, Germany, Belgium + some new MS (Tcheck Rep, Latvia)+ Mc Greevys statements in October Grey zones: The Netherlands (unsettled case-law), Italy (ECJ referrals still pending), Nordic MS (Norway referred to EFTA court)Some black zones: France (sports betting), SwedenConclusion: prospects look rather positive in the mid-term for the mobile gambling industry

Almost every gambler nowadays knows perfectly how to choose an online bookmaker to cooperate with. However, there is an opposite situation when it comes to selecting an on-course bookmaker. The sport of horse racing provides gamblers with quite a useful opportunity to place wagers on the event you are currently attending. As it is clear, it is possible thanks to the bookmakers above, and the given article is going to present the key aspects to pay attention to in order to choose the best on-course bookmaker.

Odds

It should be clear that odds are the most important thing when it comes to choosing among numerous bookmakers. Thus, it is necessary to monitor all the possible variants and prefer the one with the highest prices offered. To tell the truth, it is a serious task nowadays because almost all the bookmakers are interconnected, and their prices are roughly the same.

However, this does not mean that it is impossible to find the necessary conditions. Although not many, there are still some bookmakers that have their own opinions concerning this or that event. Once identified, these on-course bookmakers will help you earn additional benefits.

Terms and Conditions

Horse racing betting is a quite challenging activity because every wager can imply a lot of special terms. Each-way betting and place terms are the best examples here. That is why it is extremely important here to give precedence to those bookmakers that display the terms and conditions of all the wagers as completely and precisely as possible.

The Place

As a rule, a lot of on-course bookmakers are present at every race. As soon as they have to settle in the same area, their place in this area can have a great influence on their performance. For example, the bookmakers that stay front usually pay a lot of money to secure their positions. That is why it is completely clear that they feature both not so good prices for gamblers and quite high volumes because numerous beginner gamblers do not understand the importance of monitoring all the possible variants. The conclusion here is that it can be extremely beneficial to walk a few additional yards to get familiar with the bookmakers of back lines and their prices. As a rule, they tend to offer more profitable conditions in order to achieve more customers.

Honesty

Quite often, various beginner gamblers make complaints that they have placed their money on a wrong horse. As a rule, it happens when a race is over and nothing can be changed. The only way to avoid such situations is to attentively check the ticket after you receive it. As soon as you identify a mistake in front of an on-course bookmaker, you can easily replace the ticket. Fortunately, bookmakers are also interested in the re-issue.

Conclusion

Is Being A Bookmaker Illegal

So, these were the main aspects to identify a reliable on-course bookmaker. Paying attention to them will help you increase your betting benefits. Finally, it should be mentioned that you also have to avoid such bookmakers that are said to have any connection to fixed events. Although it is a rarity nowadays, because the whole betting industry is strictly regulated, there are still some cases when bookmakers can behave dishonestly in order to earn money. If you identify one, it is strictly recommended to avoid it.