The European Court of Justice (ECJ) has rejected the Netherlands’ appeal against a 2023 decision concerning its lottery licensing practices. This outcome compels the European Commission to conduct a full investigation into whether the Netherlands unlawfully granted monopoly licences to existing lottery operators without an open tender process.
The case, initiated by the European Gaming and Betting Association (EGBA) in 2016, alleged that the Netherlands’ renewal of these licences breached EU state aid rules by providing unfair advantages to incumbents. The General Court had ruled in 2023 that the Commission failed to properly assess whether such renewals amounted to unlawful aid, particularly in how licence holders were required to distribute proceeds to charities.
By dismissing the Netherlands’ appeal, the ECJ upheld the earlier ruling and ordered the country to cover its legal costs, including those incurred by EGBA. The decision emphasizes the European Commission’s duty to fully investigate state aid complaints and ensure that licensing procedures are transparent and competitive across the EU.
EGBA Secretary General Maarten Haijer praised the ruling, calling it a “clear victory for the proper enforcement of EU law.” He added that the case highlights the importance of fair competition and regulatory accountability in Europe’s gambling market.
The European Commission will now examine the Netherlands’ tender process and determine whether indirect state aid was provided to monopoly operators a decision that could influence future licensing and regulatory policies across the European Union.
