Dutch council of state rules monopoly will stand on sports competitions and scratch card lottery

News on 2 May 2018

The Netherlands Council of State has determined that the monopoly on sports competitions and instant lottery will remain despite the Supreme Court of The Hague ruling that a transparent licensing procedure must be undertaken.

The long-running legal battle on the matter dates back to 2014 when the license, held by Lotto B.V., expired and was renewed without public tender by the Gaming Authority.

In two judgements handed down by the District Court of The Hague in October and November 2016, the Judge ordered the Gaming Authority to reassess its procedure and put the license out to public tender.

In July 2017 following further appeals, the Netherlands Administrative Law Division of the Council of State reopened the investigation which has ultimately been followed by the determination that the monopoly remain.

While the judge acknowledged that the monopoly flouts European free movement of services, he said in this case it was justified as per Dutch Policy to protect the consumer, combat illegality and crime and prevent gambling addiction.

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