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Published by Matthieu Escande

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Published by: Matthieu Escande on Dec 15, 2010
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Brussels, 24 November 2010
On-line gambling: Commission welcomes France'sdecision to open its gambling market and closesinfringement procedure
The European Commission has ensured that French citizens will have access to a wider choice of duly authorised on-line gambling services as a result of the changes made to France's laws on on-line gambling. The Commission has therefore closed existing proceedings against France. It had previously taken the view that France's restrictions on on-line gambling activities affected foreign operators and were disproportionate to and not consistent with the objective sought, thereby breaching EU rules on the freedom to provide services.
Before France changed its law, French residents who wished to engage into on-linegambling and betting activities could only choose between two incumbent operatorsthat offered a limited selection of such services, Pari Mutuel Urbain (PMU), for horseracing, and the Français de Jeux, for all other forms of sports betting. Both enjoyedexclusive rights to organise certain forms of sports betting on-line (and in shops). Asa result, no other European gambling operator could offer its online services inFrance. The new on-line gambling law
has introduced a national licensing systemthat allows for the cross border provision of sports bettingon a non-discriminatorybasis while providing strict controls on gaming.While EU law permits Member States to restrict the offering of gambling services inthe public interest, for example to prevent gambling addiction or organised crime,such restrictions must be coherent with the Member State's own behaviour inoffering the very same services via certain operators. Furthermore, any measurestaken by Member States to restrict the market have to be necessary, proportionateand non-discriminatory. Acting upon complaints, the Commission had taken the viewthat France's restrictions on foreign service providers at that time weredisproportionate. As a result, the Commission started infringement proceedingsagainst France in 2006(IP/06/1362)and issued a reasoned opinion in 2007 (IP/07/909).
loi n°2010-476 du 12 mai 2010 relative à l’ouverture à la concurrence et à la régulation du secteur des jeux d’argent et de hasard en ligne 

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