OPAP without internet license!
A very big upheaval in the online betting market was brought by the Council of State with its decision after an appeal by the Austrian Goalbet (GLB GmbH), which, having a legal license in Greece, appealed to the Supreme Court against the E.E.E.P. and its decision to allow OPAP to provide online betting services to the detriment of the interests of the licensed companies.
Specifically, with the decision number 1333/2019, which was issued on July 19, 2019 and was considered on August 18, 2019, the Council of State annulled the no. 105/2 / 16.05.2014 decision of Ε.Ε.Ε.Π., by virtue of which the provision of online betting by OPAP was regulated.
According to the above decision, the Austrian online betting and gambling company GLB GmbH (Goalbet) appealed against the decision of E.E.E.P., complaining that OPAP never had a license to conduct online betting, as the legal procedures for obtaining a relevant license from OPAP, as it should have done and therefore the offer of such services by OPAP can not be regulated, as the latter has never held a relevant legal license.
The reasoning of the controversial decision of the CoC states, inter alia, that OPAP had to follow the licensing process followed by the other 24 legal online betting companies (including the applicant Goalbet), ie to be subject to the provisions of Law 4002 / 2011 (Gaming Law).
On the contrary, by way of derogation from the relevant legal provisions, EEEP considered that OPAP was in possession of a relevant legal license and therefore hastened to regulate the operation of OPAP online betting.
In essence, the Council of State accepts that the license held by OPAP does not concern online betting, while the decision ends with the following reasoning "…
Consequently, the contested act of E.E.E.P., which regulates the offer by the intervener OPAP. SA of predetermined odds betting games via the internet and is based on the incorrect assumption that the intervener (OPAP SA) is the holder of a relevant license, must be canceled as issued in violation of the provisions of article 27 par. 2 of n. 2843/2000 and articles 27 par. 1 and 45 par. 1 of law 4002/2011, according to the reasonably argued reason for annulment "
Therefore, during all this time, the provision of online betting by OPAP (through the website pamestoixima.gr) was offered in violation of the relevant legal provisions (Law 2843/2000, Law 4002/2011). In legal circles the decision was expected, while the inclusion in the transitional provisions of Law 4002/2011 expired as of 31-12-2011 and therefore the issuance of a new license is no longer possible.
In fact, OPAP should, from the publication of the decision onwards, refrain from providing online betting through the website pamestoixima.gr, while with particular interest from the point of view of criminal and tax law is expected to address the competent authorities for that it operated without a legal online betting license throughout the period in question.
On the other hand, legal betting companies that have followed the legal procedures to be subject to N. 4002 / 2011 and therefore provide legal online gambling and gambling services, are considered to have recourse to the competent courts seeking damages.
And all this, while the draft Law on the definitive regulation of the gambling market has been stuck with the European Commission for months, as legal uncertainty issues arise.
See in detail the decision of the Council of State on this issue HERE
Source: politik.gr
A very big upheaval in the online betting market was brought by the Council of State with its decision after an appeal by the Austrian Goalbet (GLB GmbH), which, having a legal license in Greece, appealed to the Supreme Court against the E.E.E.P. and its decision to allow OPAP to provide online betting services to the detriment of the interests of the licensed companies.
Specifically, with the decision number 1333/2019, which was issued on July 19, 2019 and was considered on August 18, 2019, the Council of State annulled the no. 105/2 / 16.05.2014 decision of Ε.Ε.Ε.Π., by virtue of which the provision of online betting by OPAP was regulated.
According to the above decision, the Austrian online betting and gambling company GLB GmbH (Goalbet) appealed against the decision of E.E.E.P., complaining that OPAP never had a license to conduct online betting, as the legal procedures for obtaining a relevant license from OPAP, as it should have done and therefore the offer of such services by OPAP can not be regulated, as the latter has never held a relevant legal license.
The reasoning of the controversial decision of the CoC states, inter alia, that OPAP had to follow the licensing process followed by the other 24 legal online betting companies (including the applicant Goalbet), ie to be subject to the provisions of Law 4002 / 2011 (Gaming Law).
On the contrary, by way of derogation from the relevant legal provisions, EEEP considered that OPAP was in possession of a relevant legal license and therefore hastened to regulate the operation of OPAP online betting.
In essence, the Council of State accepts that the license held by OPAP does not concern online betting, while the decision ends with the following reasoning "…
Consequently, the contested act of E.E.E.P., which regulates the offer by the intervener OPAP. SA of predetermined odds betting games via the internet and is based on the incorrect assumption that the intervener (OPAP SA) is the holder of a relevant license, must be canceled as issued in violation of the provisions of article 27 par. 2 of n. 2843/2000 and articles 27 par. 1 and 45 par. 1 of law 4002/2011, according to the reasonably argued reason for annulment "
Therefore, during all this time, the provision of online betting by OPAP (through the website pamestoixima.gr) was offered in violation of the relevant legal provisions (Law 2843/2000, Law 4002/2011). In legal circles the decision was expected, while the inclusion in the transitional provisions of Law 4002/2011 expired as of 31-12-2011 and therefore the issuance of a new license is no longer possible.
In fact, OPAP should, from the publication of the decision onwards, refrain from providing online betting through the website pamestoixima.gr, while with particular interest from the point of view of criminal and tax law is expected to address the competent authorities for that it operated without a legal online betting license throughout the period in question.
On the other hand, legal betting companies that have followed the legal procedures to be subject to N. 4002 / 2011 and therefore provide legal online gambling and gambling services, are considered to have recourse to the competent courts seeking damages.
And all this, while the draft Law on the definitive regulation of the gambling market has been stuck with the European Commission for months, as legal uncertainty issues arise.
See in detail the decision of the Council of State on this issue HERE
Source: politik.gr
