EU lawyer questions legality of Hungary’s egaming framework
Advocate general says Member States must offer a transparent licensing process during ongoing case involving Kindred
An EU lawyer has questioned the legality of Hungary’s online gambling framework as part of an ongoing case between Kindred Group and the country’s National Tax and Customs Administration.
Advocate General of the Court of Justice of the European Union CJEU), Maciej Szpunar, said yesterday that Hungary had imposed unjustified restrictions on the ability of the company’s Unibet brand to operate in the market.
Szpunar confirmed previous findings that EU Member States are obliged to organise a transparent licensing process and are precluded from sanctioning an operator holding a licence in another Member State.
The opinion was welcomed by the European Gaming and Betting Association (EGBA) which said Hungary had violated the freedom to provide services guaranteed under the Art 56 TFEU.
Secretary general Maarten Haijer said: “The recurring conclusions by the CJEU that national regulation must meet an objective, transparent, non-discriminatory and proportionate criteria for their online gambling legislation confirm that Member States should not circumvent the re-regulation of their markets, in accordance to the case law of the CJEU and the fundamental freedoms of the EU Treaties.
“At this point, the EU-regulated online gambling operators expect immediate enforcement measures from the European Commission to fulfil its role as guardian of the Treaties, by making use of the infringement procedures against unlawful national legislation.”
Szpunar’s opinion was in response to a request for a preliminary ruling from the Budapest-Capital Administrative and Labour Court.
The CJEU was asked to rule on whether national legislation that blocked access to Unibet’s sites in Hungary is compatible with the freedom to provide services within the EU.