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EGBA welcomes EU court ruling on Dutch state aid investigation failure
The CJEU dismissed an appeal by the Netherlands (Case C-59/24 P), upholding a 2023 judgment of the EU General Court which found that the Commission did not adequately assess whether the licence extensions conferred an economic advantage on the incumbent operators.
The Court stressed that the Commission is required to examine all relevant aspects when investigating potential state aid measures and cannot rely on incomplete or summary analysis. The judgment did not determine whether unlawful aid was actually granted, but confirmed that the Commission’s investigation had been insufficient.
“We welcome the Court’s ruling. This is a clear victory for the proper enforcement of EU law,” said Maarten Haijer, Secretary General of EGBA. “The Court has confirmed what we have maintained from the start: the Commission must investigate state aid complaints thoroughly and cannot take shortcuts. While this case dates back to 2014, its implications are highly relevant today. It underlines that the Commission must fulfil its responsibilities as guardian of the Treaties and that there are consequences when it fails to do so.”
Haijer added that Member States must ensure fair and transparent licensing procedures for gambling operators in line with EU law.
“When issuing any type of gambling licence, there must always be an open and competitive process that treats all applicants equally,” he said. “The Commission is now expected to open a state aid investigation to assess whether the 2014 extensions by the Dutch authorities involved unlawful aid.”
In 2014, the Netherlands renewed several monopoly licences for betting and lottery operators without an open or competitive tender. EGBA filed a complaint to the European Commission in 2016, arguing that the renewals breached EU state aid rules. In 2020, the Commission closed the complaint without opening a formal investigation, stating no state aid was involved. EGBA appealed that decision to the EU courts in 2021.
In 2023, the EU General Court ruled in EGBA’s favour (Case T-167/21), finding that the Commission had failed to properly investigate the complaint. The Netherlands appealed that ruling, and the CJEU has now dismissed the appeal entirely, confirming the Commission’s investigative shortcomings.
The European Gaming and Betting Association (EGBA) is the Brussels-based trade association representing Europe’s leading online gambling operators that are established, licensed, and regulated within the EU. EGBA works with national and EU authorities and other stakeholders to promote a well-regulated online gambling market with high consumer protection standards and a strong focus on responsible play.
As part of its commitment to safer gambling, EGBA coordinates the annual European Safer Gambling Week, bringing together industry stakeholders to promote safe and sustainable gambling practices. EGBA members collectively hold 321 online gambling licences, serving over 30 million customers across 21 European countries, and represent approximately 30% of Europe’s 2024 online gambling gross gaming revenue.
The European Gaming and Betting Association (EGBA) is the Brussels-based trade association representing leading online gambling operators in the EU. EGBA coordinates the annual European Safer Gambling Week, collaborating across the industry to promote safer and more sustainable play.
Game Lounge partners with EGBA to promote Responsible Gaming Week! Read more in this article.
