Ja sitten taas takapakkia asian tiimoilta Hollannista. Kauppalehti kirjoittaa:
"Ladbrokes ei saanut lupaa nettipeleihin Hollannissa
Maailman johtava vedonlyöntiyhtiö, brittiläinen Ladbrokes, on kokenut takaiskun Hollannissa. Hollannin korkein oikeus on päättänyt, ettei brittiyhtiö voi tarjota internetissä vedonlyöntitoimintaa hollantilaisille asiakkaille. "
Aika ihmeelistä tämä pelleily asian tiimoilta. Kohta asia menee varmaan EY-oikeuteen, joka parin vuoden päästä toteaa, että yksi EU-alueella myönnetty lisenssi kelpaa. Aivan sama kuin jonkin nettikaupan pitäisi rekisteröityä Hollannin viranomaisille, jotta sillä olisi lupa kaupata jotain tuotteitaan hollantilaisille.
Hieman englanniksi asiasta myös.
http://www.igamingnews.com/index.cfm?pa ... g&tid=5687
De Lotto Prevails over Ladbrokes in Dutch Supreme Court
by Bradley Vallerius
The Dutch Lottery on Friday received the decision it wanted from the Supreme Court of the Netherlands in its summary proceedings against British gaming company Ladbrokes. The Supreme Court put to rest a court battle that spanned more than two years by ruling that Ladbrokes must cease taking bests from Dutch residents.
Ladbrokes has been arguing both in its summary and main proceedings that the gambling monopoly enjoyed by De Lotto in the Netherlands violates the free movement of services throughout Europe, but the Supreme Court has rejected that plea, ruling instead that the restrictive gaming policies of the Netherlands are indeed consistent with European law.
The court says that no gambling provider may offer services to Dutch residents without a Dutch license, and Ladbrokes has been ordered to implement geolocation systems and other measures to insure that its Web site cannot be accessed by Dutch residents.
Several other European gaming companies have legal cases tied up in the Dutch court system, but this ruling from the highest court in the country should serve as an affirmation that the law of the land prohibits foreign operators from offering services in the Netherlands.
The Supreme Court's decision is consistent with the opinion delivered by the Advocate General three months ago.
The ruling is quite a decisive blow to Ladbrokes' efforts, but the battle still carries on in the main proceedings against De Lotto, even though the deck does seemed stacked against the company in that case too.
In June 2004, a court in Arnhem handling the main proceedings between De Lotto and Ladbrokes issued an interlocutory ruling that Dutch gaming laws are inconsistent with their self-defined goals of limiting fraud and preventing gambling addiction. The court also declared the laws to be inconsistent with the rules set forth by the European Court of Justice in its Gambelli decision. The decision was not final, however, and the court requested that De Lotto solicit a reaction from the Dutch Minister of Justice Piet Hein Donner to see whether he could justify the country's restrictive gambling policies.
In the fall of 2004, the minister offered his reaction, arguing that the Dutch restrictions on foreign remote gambling operators are indeed valid. The court is scheduled to return a final ruling on the main proceedings in March, but sources close to the case are certain that the decision will be delayed.
It is not clear what sort of impact the decision in the summary proceedings will have on the main proceedings.
Supreme court says ‘nee’ to British bookie’s online-gambling op
21/02/2005 by Joe Figueiredo
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The Dutch supreme court has ruled that British betting and gaming concern Ladbrokes is not permitted to offer its services via the internet in the Netherlands, upholding the decision taken by the District Court of Arhem some18 months ago.
Ladbokes' defence - part of an ongoing legal battle with De Lotto, the Dutch foundation that oversees national lotteries and other such gaming events - was based on the way Dutch gaming law was interpreted and applied, something the court rejected.
In the initial court case, the plaintiff De Lotto claimed that Ladbrokes, which had allowed (Dutch) punters access to its website to play the lotteries or place bets on sporting events, was operating without the necessary gaming licence - issued in this instance exclusively to the foundation.
Having lost the case before a lower court, Ladbrokes, which was given three days to close its Dutch gambling website or face a daily fine of €10,000, subsequently lodged an appeal with the highest court in the Netherlands.
Commenting on the latest decision, Ladbrokes’ lawyer spoke of 'missed opportunities' and complained that the supreme court had hardly touched on European Union regulation in this area, something he expects will play a more significant role in future litigation.
Pleased with the outcome, Joris van Manen, lawyer for the plaintiff, said, 'This makes it clear that gaming services from abroad are not permitted [in the Netherlands].' And De Lotto’s director Tjeerd Veenstra, described the decision as 'a huge blow…against illegal internet gambling.'
This judgement will also affect other gaming concerns outside the Netherlands - including Betfair, also based in the UK and Interwetten, an Austrian gambling firm, both of which are targets of court cases brought by De Lotto.