Greek Council of State recommends the referral of OPAP to the European Court of Justice
Feb 06, 2009
Sports betting: Greek Council of State recommends the referral of OPAP to the European Court of Justice 6 February 2009, Athens: Today the two Reporting Judges of the Greek Council of State recommended that the Greek betting monopoly OPAP S.A. be referred 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”) have declared the monopoly in Greek sports-betting granted to a private entity, OPAP S.A., as non-compliant with EU law. The opinion clearly stated that the Greek State cannot refuse establishment by EU-licensed and regulated sports betting operators.
In a case presented by British sports betting operator, Stanleybet International, the CoS examined the right of establishment in Greece for an EU-licensed sports betting operator and therefore whether the monopoly of OPAP S.A. is in compliance with EU law.The Reporting Judges made it clear that OPAP S.A. does not act in the general public interest. Since 2000, OPAP S.A. has been a private entity, listed on the Athens Stock Exchange and also physically established and offering its gambling services in another EU Member State. Therefore, the granting of a monopoly license to OPAP S.A. cannot be attributed to a genuine interest to reduce gambling opportunities and to protect the public. The Reporting Judges concluded by inviting the CoS to ask the ECJ for a preliminary ruling on whether the restrictive sports betting regime in Greece is compliant with EU law.
John Whittaker, Managing Director, Stanleybet International, declared: “The opinion issued today clearly shows that the Greek authorities have discriminated against our company by acting in clear violation of the EU Treaty. What further evidence does the Commission need to bring Greece before the European Court of Justice? Why does the European Commission allow political interests to prevail over EU law? How many other judicial actions will need to be taken before the Greek authorities start complying with EU law?" “ We have made repeated calls for a level playing field in Greece. However, despite the infringement proceedings launched by the European Commission in 2007, legitimate companies like Stanleybet International are still prevented from offering their services to Greek consumers. The recent closure of the Stanleybet intermediaries shops by the Greek authorities in Athens and Thessaloniki is merely the latest example”. ENDS
For further information, please contact:
campaign@fairplayforsportsbetting.eu
Notes to the editor
In 2004, Stanleybet International made an application for a licence to trade in Greece. The Greek Authorities never even replied to this application. According to Greek law, this non-reply indicated a silent refusal by the Greek authorities. In 2005 Stanleybet International subsequently lodged its complaint with the Greek Council of State for this non-reply. The case has gone through numerous delays and, in the meanwhile, operators William Hill and Betshop followed a similar procedure. The Council of State thus decided to join these three cases.
Subscribe for RSS Feed /
Site Owner or Blogger? Show your Support now.