The question of whether restrictive Swedish gambling laws, which prevent both national and foreign gambling companies from offering gambling services without proper authorization, is in violation of European Community law, continues to be much debated inside and outside courtrooms in Sweden. A substantial number of cases are still under review in administrative and criminal proceedings in Swedish courts.
Additionally, the proceedings launched by the European Commission (hereinafter "the Commission") have not yet been finalized.839 Many expected the new Swedish government in 2006 to open up of the Swedish market and to establish a system under which non-Swedish undertakings might be granted licenses to arrange lotteries and gaming. So far, the government has confined itself to appointing a commissioner tasked with forwarding a proposal for viable, long-term national provisions in the field of lotteries and gaming.840 The commissioner is expected to forward his proposals no later than mid December 2008.
The principal objection concerns whether Swedish law is in conformity with the EC Treaty, namely the basic principles of free movement of services and the right of establishment. While the outcome of these proceedings appears uncertain, in 2004 the Swedish Supreme Administrative Court ruled that Swedish gambling legislation is not in conflict with the EC Treaty.841 In May 2007, the Swedish Supreme Administrative Court essentially confirmed this view in a case regarding the legality of the government’s decision to refuse granting a license to a foreign operator for gaming services similar to those arranged by state-owned AB Svenska Spel.842