The Belgian Supreme Court has upheld the cancellation of the nation’s 1999 gambling legislation. This verdict reaffirms that online gambling providers are prohibited from offering diverse game types on a single digital platform.
The Supreme Court’s judgment follows a prior ruling in 2018 regarding whether licensees could offer distinct categories of games (such as sports wagering and casino games) via the same internet address.
The legislation was largely replaced by a similar law in 2019, signifying that there were minimal alterations, except for reinforcing the vertical separation of online gaming (A+) and online betting (F1+) products.
At the time, the court determined that operators were not permitted to offer such diverse games because online gambling should be treated in a similar manner to land-based gambling. Belgian regulations already mandated that physical gambling establishments could not offer different product categories at the same location.
Previously, according to a 2017 ruling by the Brussels Court of Appeals, various game categories could be offered through the same internet address.
However, the subject of the 2018 case – Rocoluc, an operator with a gaming B license and its B+ online equivalent license – argued that this was unjust.
The tribunal determined that the petitioner had a valid justification for initiating the legal proceedings due to experiencing unfair competition. The petitioner asserted that the amalgamation of gambling and wagering on a single online platform provided the licensee with an unjust edge. They argued that this enabled the licensee to garner increased visibility, achieve cost savings, and generate greater profits from gambling and promotional activities. This, they maintained, was a practice that was not feasible in the physical realm.
Despite the Constitutional Court’s ruling advocating for the repeal of the legislation, the nation’s Council of Ministers contested this decision. The European Gaming and Betting Association (EGBA) voiced its support for the challenge.
The Council of Ministers contended that the 2018 ruling was flawed as it lacked a comprehensive understanding of the legal framework. They argued that physical casinos are permitted to offer a diverse range of gambling options within a single location, making it illogical to restrict online casinos from adopting a similar approach.
The Council further asserted that websites and physical establishments are not equivalent entities. They maintained that a website serves as an analogous entity to a store, thus justifying the allowance for online casinos to provide various gambling services on distinct websites under the same domain name.
In the meantime, Roculuc maintained that the court had explicitly declared its verdict, while the Council of Ministers requested that the court retract its prior ruling without substantiation.
The court ultimately dismissed the Council of Ministers’ contention, asserting that, contrary to the Council of Ministers’ insistence, managing gambling activities within a singular entity would contravene the law.
Consequently, the court affirmed the revocation of the legislation.
Previously, a law concerning the operation of numerous games in a single location resulted in the Belgian Gaming Commission rescinding the license of Austrian International Casinos (CAI). This was due to Betway, through its dot.be domain, providing online casino games under CAI’s A+ license and sports betting under its F1+ license.
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