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Portuguese disappointment
Published:  05 October, 2009

The Remote Gambling Association has expressed disappointment at the European Court of Justice's failure to find that Portugal had violated the freedoms of the internal market by creating an exclusive internet gambling monopoly. The Portuguese monopoly eliminates competition and limits consumer choice. Although the ECJ recognized that the monopoly was a restriction on the freedom of services, it ruled that the restriction may be justified in certain situations.

Clive Hawkswood, Chief Executive of the Remote Gambling Association commented, "We regret that in its preliminary ruling the ECJ did not take a further step toward the fair treatment of gambling services in the internal market, but remain hopeful that the Portuguese courts will ultimately render a fair verdict. The narrow scope of this ruling reduces its significance in the overall legal context as it is not a departure from previous rulings. Thus, nothing in it should stop the European Commission from pursuing ongoing infringement proceedings against the clearly unlawful gambling regulations in multiple jurisdictions nor should Member States construe this ruling as permission to enact protectionist regulations that are still unlawful under the ECJ's controlling jurisprudence.

 "As for the subjective views expressed by the ECJ about online gambling and the reliability of licensing in different Member States, all I can say is that they bear little or no relation to the reality of the situation."







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