CJEU Confirms Commission’s Failure in Dutch Gambling Case
The Court of Justice of the European Union has upheld a previous ruling that found the European Commission failed to properly assess whether the Netherlands granted unlawful state aid when extending monopoly licences to betting and lottery operators in 2014.
CJEU Upholds Ruling Against the Netherlands
On October 16, 2025, the Court of Justice of the European Union (CJEU) dismissed an appeal by the Netherlands in a long-running state aid case concerning the extension of gambling monopoly licences. The decision confirms that the European Commission did not adequately investigate whether the 2014 licence extensions to incumbent betting and lottery operators breached EU state aid rules.
The ruling upholds a 2023 judgment by the EU General Court, which annulled the Commission’s 2020 decision to close the case without opening a formal investigation. The General Court had found that the Commission failed to properly examine the matter before dismissing the complaint.
Background of the Case
In 2014, the Dutch government extended several monopoly licences for betting and lottery operations without holding an open or competitive tender. The European Gaming and Betting Association (EGBA) filed a complaint to the European Commission in 2016, arguing that the decision could constitute unlawful state aid under EU rules.
In 2020, the Commission chose not to pursue the matter, stating that no state aid had been identified. EGBA subsequently appealed that decision to the CJEU in 2021, leading to the General Court’s ruling in its favour two years later. The Netherlands attempted to overturn that judgment, but the CJEU has now dismissed its appeal entirely.
Commission’s Responsibilities Under EU Law
The Court’s latest decision reinforces that the European Commission must carry out a thorough assessment when reviewing state aid complaints. According to the ruling, the Commission cannot take “shortcuts” in its analysis and must examine all relevant aspects of each case.
Importantly, the CJEU did not rule on whether the Dutch licence extensions constituted unlawful state aid. Instead, the Court focused on procedural shortcomings in how the Commission handled the initial complaint.
EGBA Welcomes the Judgment
Reacting to the decision, EGBA Secretary General Maarten Haijer stated:
“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. 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. The Commission is expected to now open a state aid investigation to determine whether the extension of monopoly licences by the Dutch authorities in 2014 involved unlawful state aid.”