Several interesting developments have occurred in the Netherlands since the last edition of Internet Gambling Report. Preliminary questions were referred to the European Court of Justice in two court cases. What is more, the European Commission (“Commission”) seems devoted to challenging gambling monopolies. The Netherlands has proven to be no exception, as European Commissioner Charlie McGreevy sent a letter of formal notice to former Dutch Minister of Justice P.H. Donner on April 4, 2006, and a supplementary letter of formal notice was sent on March 21, 2008.In these letters, the Commission expressed the view that various restrictions on sports betting in the Netherlands do not comply with the freedom to provide services as defined in the EC Treaty.
After the replies by the Dutch Minister of Justice, the Commission stated that the restrictive measures have not been shown to be necessary, proportionate, and nondiscriminatory. A reasoned opinion was sent to the Dutch government on February 28, 2008. The content of the reasoned opinion has not been made public, but a press report by the European Commission stated that the Dutch state was asked to alter its regulations on sports betting. According to the Commission, the Dutch gambling regulations are violating the freedom to provide services as laid down in Article 49 of the EC Treaty. The Dutch authorities did not prove that the restrictive regulations are necessary, proportionate, and non-discriminatory.