EGBA welcomes court ruling on Dutch monopoly licences case
Trade body hails “clear victory” as EU’s highest court rejects Dutch government appeal in state aid dispute
The European Gaming and Betting Association (EGBA) has welcomed an EU court ruling confirming the European Commission failed to properly investigate whether the Netherlands granted unlawful state aid when it extended betting and lottery monopoly licences in 2014.
The Court of Justice of the European Union (CJEU) has dismissed an appeal by the Dutch government, upholding a 2023 decision by the EU General Court that found the European Commission had taken shortcuts in its analysis when it closed the EGBA’s complaint without opening a formal investigation.
At the heart of the case is the Netherlands’ decision to renew several gambling monopoly licences in 2014 without holding an open, competitive tender. The EGBA filed a complaint in 2016, on the grounds the extensions may have breached EU state aid rules by favouring incumbent operators. The commission rejected that argument in 2020, prompting EGBA to challenge the decision in court.
The General Court ruled in the EGBA’s favour last year, agreeing the commission had failed to examine all relevant aspects of the case, a position now confirmed by the EU’s highest court.
Clear victory
Maarten Haijer, EGBA general secretary, said: “We welcome the court’s ruling. This is a clear victory for the proper enforcement of EU law.
“The court has confirmed what we said all along: the European Commission must investigate state aid complaints thoroughly and cannot take shortcuts.”
Haijer added that while the ruling does not determine whether unlawful state aid occurred, it “demonstrates that the commission must fulfil its responsibilities as guardian of the Treaties – and that there are consequences when it fails to do so.”
The European Commission is now expected to open a formal investigation into the 2014 licence extensions.
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