What Europen Court for Justice ruled about online gambling

Brayn · #1 10-04-2006, 06:27 AM

Gambelli case.

The European Court of Justice(the "ECJ") delivered judgement in the Gambelli case on 6 November 2003. The case related to the freedom to provide online betting across Member States. Parties interested in the online gaming industry have been polarised into those who believe that there should be freedom to provide online gambling services across the EU (largely made up of commercial operators) and those who argue that online gambling should not be offered from an operator in one state to a punter in another (largely made up of anti-gambling lobbies and the state-sponsored monopolies, like lotteries). ( http://lawzone.thelawyer.com/cgi-bin...=207&f=259 )

European court said that:
"In so far as the authorities of a Member State incite and encourage consumers to participate in lotteries, games of chance and betting to the financial benefit of the public purse, the authorities of that State cannot invoke public order concerns relating to the need to reduce opportunities for betting in order to justify measures such as those at issue in the main proceedings."

<u>Quoted text is the argument of European Court against hypocrisy states, becaused they allowed state owned lotteris, but banned other forms of gambling.</u>

The whole judgement is here: http://curia.europa.eu/jurisp/cgi-bin/ge...mp;seance=ARRET

This might has some relevance because in USA beting on horse races online is allowed, but almost all other forms of gambling are not.
As far as I know WTO already ruled about USA-s restrictions on online gambling, but maybe this can be an argument for the United States Supreme Court. I am not familiar with the American law (I studdy law in Europe), but probably you also have rules about "freedom to provide services" or similar.

I thought it would be interesting to post this, since any idea should be welcomed.

I will really miss American friends, if they won't be able to play anymore. [img]/images/graemlins/frown.gif[/img] (In fact, I already miss you now. It was so sad seeing 90 000 players online on Party Poker yesterday, because I know how this number will drop.)

More about Gambelli case: http://www.google.si/search?hl=sl&sa...anje&meta=

BluffTHIS! · #2 10-04-2006, 06:29 AM

US to Euroland: we don't care bout your laws nor the WTO.

Brayn · #3 10-04-2006, 06:43 AM

Hey American, I underlined this:

<u>"Quoted text is the argument of European Court against hypocrisy states, becaused they allowed state owned lotteris, but banned other forms of gambling."</u>

So maybe this argument about hypocrisy can be used on US court as well. (I know that decision of our courts aren't precedents for US courts, lol? I posted this because of hypocrisy argument, which obviously worked on our court.)

BluffTHIS! · #4 10-04-2006, 06:45 AM

Unfortunately, there is no anti-hypocrisy clause in our constitution. If there were, most of our legislators and judges would be out of work or behind bars.

Brayn · #5 10-04-2006, 07:03 AM

There isn't an anti-hypocrisy clause in our laws either. But there are many others from which you can derive this.
Perhaps this is a topic in which lawyers should respond.

HesseJam · #6 10-04-2006, 07:59 AM

No, it's a cultural thing. In European courts we use logic. In American courts they use beliefs, values and shamanism.

Semtex · #7 10-04-2006, 08:03 AM

[ QUOTE ]
No, it's a cultural thing. In European courts we use logic. In American courts they use beliefs, values and shamanism.

[/ QUOTE ]

LOL

futuredoc85 · #8 10-04-2006, 08:10 AM

[ QUOTE ]
No, it's a cultural thing. In European courts we use logic. In American courts they do what the government tells them to.

[/ QUOTE ]

FYP

RedBaron__ · #9 10-04-2006, 08:31 AM

[ QUOTE ]
US to Euroland: we don't care bout your laws nor the WTO.

[/ QUOTE ]

That's just the problem isn't it. You dont care. You dont care about WTO, EU or to protest strong enough against US laws resticting gambling, lol.

Psy_Mike · #10 10-04-2006, 08:35 AM

[ QUOTE ]
US to Euroland: we don't care bout your laws nor the WTO.

[/ QUOTE ]

OT:

Have fun then chap [img]/images/graemlins/wink.gif[/img]

US is going downhill because of your neglegance to the rest of the world. The world is uniting through international organisations, unions etc, but the US will be standing outside of it all since you're too proud to listen to anyone else. I don't know if it's because you're scared of losing your status as a super power or whatever it is, but you better get used to it because in several years China will be a nation which the US will not be able to control.