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Take Sweden to Court to End State Online Gambling Monopoly Says Major Daily NewspaperWed, Jan 16th, 2008 @ 12:00am In an open letter to European Commission (EC) head Charlie McCreevy, former and present editors-in-chief of Swedish newspaper Aftonbladet, Anders Gerdin and Jan Helin, call for the EC to require the Swedish government to permit free movement of trade and services relating to online gambling, particularly in the fields of poker and sports betting, between the 27-member nations as guaranteed by EU law.
Aftonbladet, the biggest daily newspaper in the Nordic region, and other media including their chief competitor in Sweden, Expresen, as well as several Danish newspapers, say they are being attacked by the state gaming monopolies and being forced not to accept ads from EU-based online gambling companies who compete with the state gambling monopoly Svenske Spel. Aftonbladet is itself facing three cases, based on its belief that accepting competitive advertising from other EU nations is not punishable under EU Treaty-based legislation. The letter also details inequities in the Swedish official approach to gambling advertising which favors state monopolies like Svenske Spel. Besides court costs, Aftonbladet editors point out that not being able to take such advertising will cause severe financial damage to the media outlets. Aftonbladet alone stands to lose up to Sweden Kronor SEK 80 million (USD $12.5 million, Euro 8.5 million, or GBP 6.4 million) each year in lost revenues if thte Swedish government forces them to reject outside advertisements. The letter, which was published 15 January and reproduced by eGaming Review, emphasizes the need for "strong and decisive" measures by the European Commission to address the Swedish non-compliance and thus ensure that companies like Aftonbladet do not suffer. BLIND JUSTICE IN SWEDEN The letter also notes that Swedish courts are blindly following the 2004 Swedish High Administrative Court ruling that Swedish gaming regulations are compatible with EU law, though it was based on no real assessment of proportionality. The letter also points out that Swedish courts follow the surprising High Administrative Court evaluation that there is no legal basis to ask the ECJ for preliminary judgment whether Swedish gaming law is compatible with EU law. PRIOR EC STEPS AGAINST SWEDEN NOT ENOUGH In June of 2007, the EC issued a Reasoned Opinion saying that the Swedish government is in violation of EU law. Usually a two month window is given to redress this situation and come into compliance with EU law. But little has been done since then to bring relief to companies suffering as a result of continued prosecution and pressure by Swedish officials (click here for related article). The editors conclude their appeal by urging the European Commission to "proceed as soon as possible" with its pending infringement procedure before the ECJ against the Swedish government relating to sports betting, and "to initiate a similar infringement case in relation to the poker field."
The editors closed their letter saying, "It is high time to put an end to the Swedish government's lack of respect for the EU Treaty." Read Related Articles:
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