[Poland] EGBA vs. The Ministry of Finance in gambling bill case

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The European Association of Gaming and Betting (EGBA) has found the draft amendmen to the Polish Gambling Act contrary to EU law, and not providing sufficient protection to Polish consumers. According to the Ministry of Finance, this area is not regulated by EU law, and the changes will protect consumers.

“We are closely following the progress on gambling regulations [in Poland], and we have serious concerns about this bill,” Maarten Haijer, Secretary General of EGBA, told the Polish Press Agency (PAP).

The Association, representing the games and betting sector across the EU, considers the draft amendment to the Polish law “not only contrary to several requirements of EU law, including the freedom to provide services and the freedom of expression. Also, (…) it does not provide sufficient protection to Polish consumers. ”

In its statement made to PAP, the Ministry of Finance wrote that games and betting are not regulated by EU secondary legislation. “Therefore, the EU law does not prohibit the establishment of a state monopoly in the specific area of gambling services, provided that the criteria for imposing such a limitation – as specified by the EU Court of Justice – are met,” explained the Ministry.

“It seems that by imposing prohibitively high taxes on sports betting and creating a monopoly on online poker and slot machines, the proposed law is intended to maintain the status quo in Poland rather than ensuring that all Polish players will be able to play safely and enjoy the attractive offer of online games in accordance with Polish consumer protection laws,” said Haijer.

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