Kindred “disappointed” by Norwegian Supreme Court case dismissal
Stockholm-headquartered operator remains defiant after appeals committee rejects case hearing into long-running dispute with Norwegian Gaming Authority
Kindred Group has been hit with another setback in its long-running war of words with the Norwegian Gaming Authority (NGA) after the Norwegian Supreme Court’s appeals committee declined to hear its legal challenge.
In assessing the case, justices said there was no “sufficient reason” for the Supreme Court to hold a full hearing on the dispute, which would have reviewed prior case rulings conferred by the Oslo Court of Appeal and previously by the Oslo City Court.
The committee cited the prescience of the Norwegian Disputes Act, which states that an appeal can only be made in cases “whose significance extends beyond the scope of the current case” or if it is important for other reasons that are determined by the Supreme Court.
Committee officials also consider the original claim, grounds for the appeal including considering what errors may have been made in the initial application of Norwegian law and the factual basis for the ruling.
Kindred’s dispute with the NGA began in April 2019, when its Trannel subsidiary was issued with a market-exclusion order to leave the Norwegian market.
The NGA said gaming offered on the Unibet, Maria Casino, Storspiller and Bingo.com websites were geared towards Norwegian players by offering deposits and prizes in Norwegian currency, together with customer support in Norwegian.
The Norwegian regulator said following an assessment it was “obvious” that the Unibet, Maria Casino, Storspiller and Bingo.com websites were “clearly aimed at the Norwegian market” and therefore in violation of Norwegian law.
Challenging the order, Kindred Group said its right to offer gambling in Norway was guaranteed under EEA law and that the NGA could not bar it, due to the presence of its Malta Gaming Authority licence.
That appeal was later refused by the lottery authority (Lotterinemnda) which adjudicates on complaints and operates under the Norwegian Ministry of Culture in March 2020.
Subsequent appeals in the Oslo City Court and then a third challenge in the Oslo Court of Appeal floundered in March 2021, with Kindred kicking the case up the Norwegian legal chain to the Supreme Court, resulting in this latest decision.
However, Kindred attacked the committee’s decision to block a case hearing, suggesting that the NGA’s stated aim of preventing Norwegian players from accessing its sites was not working.
Speaking about the ruling, Kindred Group Norway public affairs manager Rolf Sims said: “We are disappointed that the Supreme Court has chosen not to hear Trannel’s appeal in the case, as it raises many principal issues regarding the Norwegian Gaming Authority’s supervision of national law outside Norwegian territory.
“We would however like to emphasise that despite the authority’s efforts we have not experienced a shift in Norwegian players’ wish to seek entertainment by playing online outside Norway, but within the EU, to gain access to more diverse gaming offers and better odds,” Sims added.