Greece is facing a further complaint at the EC level from the two leading industry lobby groups over the non-compliance of its gambling regime with EU law.
Stanleybet has also notified the government and monopoly OPAP of its intention to claim more than €240m in damages resulting from Greek authorities’ refusal of a Group’s betting licence to operate and its long-term exclusion from the market.
The joint complaint of the Remote Gambling Association (RGA) the European Gaming and Betting Association (EGBA) filed yesterday attacks several aspects of Greece’s regime which it argues are in contravention of EU law. These include the blacklisting and blocking of private sector operators, the extension of OPAP’s offline gambling monopoly online, and the repeal of temporary licences under which operators began paying taxes with the expectation they would be eligible to apply for full licences at a later date.
The RGA and EGBA are also arguing that the failure by the Greek State to authorise online gambling and issue licences under the Gambling Act passed in August 2011 is disproportionate and inconsistent, and therefore in breach of EU law.
RGA chief executive Clive Hawkswood said: “Where a regime is contrary to the provision of the Treaties, challenges are unfortunately necessary and unavoidable.” He added that it was now down to the Commission to uphold the freedom to trade and establishment rights enshrined in Articles 56 and 49 of the EU Treaty.
According to EGBA’s secretary general Maarten Haijer, Greece and monopoly OPAP had a long history of non-compliance with EU law, and it was “high time for the Commission to act and take firm action against Greece.”
Liverpool-headquartered retail operator Stanleybet also served a formal deed of warning and demand today to Greek authorities for compensation of damages suffered as a result of Greek authorities’ rejection of the Group’s petition for a betting licence to operate in Greece and denial of access to the market. It is also threatening to sue OPAP for damages arising from its exclusion from the Greece “caused by the illegitimate monopoly.”
Stanleybet has been battling Greek authorities since 2004, when the Group first sought a licence.
Stanleybet’s legal position was strengthened in January when Europe’s highest court, the Court of Justice of the European Union (CJEU), ruled OPAP’s monopoly to be illegal as currently operated, following joined cases brought by Stanleybet, William Hill and Sportingbet.
There are now five outstanding complaints lodged against OPAP’s monopoly, four with the EC, another with the Greek Council of State.
Article written by Peter Holmes
