EU court upholds EGBA victory in Dutch lottery case
Table of contents
- European Court of Justice dismisses Dutch appeal in long-running state aid dispute
- Commission now required to investigate 2014 monopoly licence renewals
- EGBA calls judgment a “clear victory” for proper enforcement of EU law
The European Court of Justice (ECJ) has dismissed the Netherlands’ appeal in a long-standing dispute over state aid, confirming that the European Commission failed to properly investigate whether the Dutch government granted unlawful advantages when renewing lottery and betting licences in 2014.
The case stems from a 2016 complaint by the European Gaming and Betting Association (EGBA), which argued that the Dutch authorities renewed monopoly licences for incumbent operators without a competitive tender, potentially violating EU competition rules. The Commission initially declined to open an investigation in 2020, prompting EGBA to challenge that decision.
Court confirms investigation failure
The ECJ’s ruling, delivered on 16 October 2025, upholds an earlier decision by the EU General Court, which found the Commission had “failed to properly investigate” the state aid complaint. The court stressed that the Commission must consider all relevant aspects of such cases and “cannot take shortcuts” when assessing potential breaches.
As a result of the ruling, the European Commission is now obligated to reopen its investigation into the 2014 licence renewals. It will need to determine whether the procedure granted any unlawful financial advantages to incumbent operators or related groups through the lack of an open tender.
EGBA welcomes outcome
EGBA Secretary General Maarten Haijer described the outcome as a landmark for fairness and transparency in EU regulatory enforcement.
“We welcome the Court’s ruling. This is a clear victory for the proper enforcement of EU law. The Court has confirmed what we said all along: the Commission must investigate state aid complaints thoroughly and cannot take shortcuts,” said Haijer.
“While this case dates back to 2014, it remains relevant today. It demonstrates that the Commission must fulfil its responsibilities as guardian of the Treaties – and that there are consequences when it fails to do so.
“When issuing any type of gambling licence, Member States must always ensure there is a fair, open and competitive process that treats all interested applicants equally, in line with EU law.”
Implications for EU gambling regulation
The Commission’s forthcoming review could shape future handling of monopoly extensions and state aid enforcement across Europe. The ruling highlights the EU’s willingness to scrutinise long-standing licensing frameworks that may distort market competition.
Industry observers suggest that other member states with similar state-controlled lottery systems could face renewed examination of their licensing practices. It also reinforces that member governments must justify any deviation from open market principles when allocating gambling concessions.
The ECJ decision closes nearly a decade of litigation but opens the door to a deeper EU investigation into how national lottery monopolies operate. In doing so, it signals that even historical licensing actions will remain subject to competition scrutiny — a reminder that transparency and equal access remain central tenets of EU gaming regulation.
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