The study is already keen interest in the gaming industry

With competition from offshore gaming sites pounding on the Net, should be legalized gambling remotely, and in particular the online casinos in Europe A preliminary report on the subject, sponsored by the European Commission, has to be made public on 8 may last in Geneva. Conducted by the Swiss Institute of comparative law (1) and the Centre for the Study of Gambling of the University of Salford in England, this study provides a status of applicable legal practices in the twenty-five Member States. Currently, only Malta and Britain have legislation authorizing gambling remotely. Most European countries, including the France, prohibit this practice. "Other States may however move towards a more flexible legislation", considers Joël Mingasson, President of the Union of France casinos.

The subject is sensitive. Between operators who fiercely defend state monopolies and the supporters of liberalism, the war is open. The report envisages two scenarios: permanently prohibit games online or relax the constraints on the sector. Reflection also focuses on the development of the supply of games via the mobile phone and interactive television. The study is already keen interest in the gaming industry. "Our teams are studying this report to draw all the legal and economic consequences," says Dominique Desseigne, President of the Council and the monitoring of the strategic Committee of the Group Lucien Barrière.

Double competition

The first casinotier of France anticipates future internal regulation to prepare new strategies for online game "in a secure environment". Because French law currently prohibits some 190 casinos located in the territory to extend their activities on the Internet. A situation that the casinotiers feel unfair under the status accorded to other operators of the game, as the French for games (JDF), authorized since 2001 to target Internet users. "The JDF abuse of its monopoly to offer on the Net of the games as the"as Poker"or the"Black jack", evoking the world of casinos," said Thibault Verbiest, lawyer in Paris and Brussels for the law firm Ulys. "It is simple scratch games", replicates a spokesman of the JDF.

In France, where the casinos believe double competition of illegal online games and sites of the offers on the Internet of the JDF, the debate remains heated. Last March, the Partouche group, number two in the sector, before the European Commission of a complaint against the French of the games for non-compliance with the rules of competition. "At the same time, the same group has asked Prime Minister the annulment of the decree establishing the monopoly of the JDF in France," says Thibault Verbiest.

Games without frontiers

In this context, the Swiss Institute of comparative law note changes in law and jurisprudence in Europe. In November 2003, the European Court of justice had indeed opened the gap with the Gambelli case. The High Court of the Luxembourg, a virtual casino which has been licensed in the country of establishment can offer cross-border gambling activities to nationals of other countries where online games are prohibited. "Member States will have to one day to work together to make the findings of this decision", said Dominique Desseigne.

But professionals refuse to keep pace with other countries: "It cannot be to develop a European and global competition without that French operators are present on the market." "Otherwise, the France will happen after the battle, and French clients will already extents with foreign operators," insists Joël Mingasson. If the profession wishes rapid intervention of the French Parliament, the European Commission has a period of one year to the complaint for abuse of competition addressed to him. The voluminous report of the Swiss Institute of comparative law comes to feed his thoughts.