The ruling of the Council of State makes it even more difficult for the Gaming Authority to take action against online gambling, the regulator says. 'Further examination of the verdict should reveal what the consequences are for the enforcement policy of the Gaming Authority.'
CURO from Oss, a company with a license from De Nederlandsche Bank, made payments for Bluemay Interprises, the company behind sites such as 7 Red, Royal Casino and Red Slots. In September 2014, a first administrative fine was imposed on Bluemay for offering illegal gambling aimed at the Dutch market.
CURO itself had signed the Covenant on illegal gambling online via the Internet that year, but later went on to join Bluemay, which eventually received several fines. Bluemay also got a box sail at the Council of State. In the end, CURO also received an administrative fine (pdf).
According to the Betting and Gaming Act, the 'promotion' of games of chance without a license is also prohibited. The Gaming Authority argued in court proceedings that the provision of financial services to players and providers of illegal gambling falls under the 'promotion' of this.
The court of East Brabant agreed with the reasoning, but the Council of State now decides differently. The reasoning is that the Betting and Gaming Act does not state 'accurately, clearly and unequivocally' that the provision of payment services for the promotion of games of chance falls.
Because no appeal is possible against the decision of the Council of State, the Gaming Authority now has a problem.
In the Senate, the Bill on Remote Gambling is currently under discussion. The Gaming Authority will be given broader powers by this Act to enforce and regulate. Only when this law has been adopted can the Gaming Authority 'really make a fist' against providers of illegal games of chance.