Sweden's online betting and poker gambling laws have been challenged by the Europe put under the scrutiny of the Court of Justice of the European Union. The European Commission is of the opinion that such legislation is aimed at protecting the state-owned gambling monopoly Svenska Spel, and imposes restrictions on the organisation and promotion of online betting services, inconsistent with EU laws.
The changes to the gambling laws in Sweden to render them compliant with EU law, have long been envisaged but have never been sufficiently implemented.
In accordance with EU laws, Member States are empowered to restrict the cross-border supply of all, or certain types of gambling services on the basis of public interest and if such jurisdiction can demonstrate that such restrictions are intended to minimise the social harms related to gambling. In particular, jurisdictions need to demonstrate the existence of a genuine problem linked to the public interest objective, and that such objectives are being sought in a consistent manner. The EU Commission is of the opinion that this is not the case of Sweden.
The European Commission has also expressed its concern in relation to the inedequate controls implemented by the Swedish authorities with regard to the exclusive right holder Svenska Spel, based on the existing restrictions on the provision and promotion of online poker games. The European Commission is of the opinion that such exclusive right holder is not subject to adequate control by the authorities in Sweden and that the restrictive policy in the provision of poker games is not consistent, particularly since Swedish authorities tolerate unauthorised offer and promotion of poker games.
Swedish authorities reacted to the news by saying they would “speed up the work that has been carried out for a long time in order to find a licensing system that could be introduced in Sweden.”
Maarten Haijer, secretary general of the European Gaming & Betting Association (EGBA), hailed the European Commission's decision as a “breakthrough” since it marks the first time an Member State of the EU had been taken to the Court of Justice of the European Union in relation to its online gambling legislation.
