Swedish Court Overturns SEK100m Fine Against Svenska Spel

Court Sides with Operator

The fine was initially handed down by Spelinspektionen in March 2024 after the regulator concluded that Svenska Spel had failed to act adequately in response to signs of problematic gambling among ten customers. It accused the operator of not following up on previous interventions and failing to implement timely, tailored measures.

In its appeal, Svenska Spel challenged the basis of the sanction, arguing that while it had monitored player behaviour and taken action, the regulator had not provided sufficient guidance on what constituted an adequate response under duty of care rules. The operator also stressed the need for legal predictability, invoking the principle of legality.

The Administrative Court in Linköping agreed with this line of reasoning, stating that sanctions must rest on clear and specific legal obligations. The court noted:

“Violations of gambling responsibility regulations can only result in sanctions if it is sufficiently clear what a license holder is required to do to avoid penalties and that they have failed to do so.”

Regulator’s Concerns Acknowledged, But Not Upheld

The court did not dispute Spelinspektionen’s assessment that the ten customers showed signs of gambling-related harm. However, it ruled that Svenska Spel had taken meaningful steps to mitigate the risk — and that in the absence of clearly defined requirements, the company’s actions could not be penalised.

In response to the ruling, Svenska Spel CEO Fredrik Wastenson welcomed the decision, saying:

“It is gratifying that the Administrative Court has granted our appeal and overturned Spelinspektionen’s decision. We appealed because we believe the sanction fee was disproportionate to the shortcomings and because there is a need for greater clarity in the interpretation of the duty of care. We argue that an authority may only take actions that are supported by the legal system – the so-called principle of legality – which the court has also confirmed.”

The case underlines ongoing regulatory challenges in Sweden’s licensed gambling market. Earlier this year, the government committed to reviewing legal grey areas that, according to industry body BOS, may have unintentionally benefitted unlicensed operators.