Impartiality Still
Exists
February
28, 2010
When it comes to online
gambling it can be difficult to find an impartial judge as most of them
really do have an opinion on whether or not online gambling should be
legal. They might pretend that they don’t, but you know which way they
are leaning by their comments and the way that they settle cases
involving online gambling. But the Advocates General at the European
Court of Justice has just shown everyone that they can remain impartial
while still giving their legal opinions.
The online gambling industry was pleased to see Advocate General Mazák
give his opinion on the legality of online gambling market restrictions.
He said that the requirement of an online gambling company to have a
premise in Austria was discriminatory towards those online gambling
companies that might be in another member state. He said that you can
exert your controls over the online gambling site whether they are
located in the state or outside of it.
He said that they are subject to the same controls and regulations that
those online gambling sites within the country might have, and if they
do not follow them they are banned from the country. But he said you
cannot ban an online gambling company simply because they did not live
here.
He also commented on how the licenses were given out, stating that all
online gambling licenses needed to be awarded in a “public and
transparent manner.” He said that the online gambling company has to
first commit a crime for them to be unilaterally not allowed a license
and that it cannot be simply that they do not live here. There were
discussions regarding online gambling advertising as well and they
agreed to look into it further so that they had a better idea of what
they were talking about.
