Greece: OPAP monopoly to be brought to the European Court of Justice

For the first time in Greece, the Reporting Judges of its Highest Administrative Court, the Greek Council of State (CoS), declared the monopoly in Greek sports-betting granted to a private entity, OPAP, as noncompliant with EU law.

The Reporting Judges stated that the legitimate right under EU law for license applications to be made by Stanleybet International and William Hill had not been upheld by the Greek authorities who had refused to consider the operators’ requests for licences.

The Reporting Judges were clear in stating that the Greek Authorities should have responded and that as part of the process they should also have examined the Greek sports betting monopoly in the context of the legal framework of the EU. The Reporting Judges went on to state that the monopolistic position granted to OPAP S.A. is not proportionate, justified, nor consistent with EU law.

For this reason the Reporting Judges have asked the Greek Council of State to request a preliminary ruling from the ECJ on the compliance of the Greek sports betting monopoly with the EU Treaty. The Remote Gambling Association welcomes this Opinion. Based on precedence, the RGA expects the Council of State will follow this proposal and lodge a reference for a preliminary ruling with the ECJ.

Clive Hawkswood, CEO of the RGA, commented, “The references to the ECJ from various national courts are becoming endemic across the EU and they all raise one common issue: Are restrictive national gambling legislations of EU Member States consistent with the EU Treaty? We believe that the vast majority of them are not and it is disappointing that the European Commission, as the designated guardian of the EU Treaty, has remained so silent on these

fundamental points for the last 12 months. This is despite the fact that it has sent a Reasoned Opinion to Greece as well as to 10 other EU Member States in which it makes clear that it believes they are not compliant. The continued delay will inevitably lead to more national courts being compelled to refer cases to the ECJ. We must ask how long this wholly unsatisfactory state of affairs will be allowed to continue?”